The Beenleigh Magistrates Court has handed down a scathing sentence for one of Queensland's worst-ever illegal asbestos waste matters, following an extensive investigation by Queensland's environmental regulator.
Asbestos Demolition Specialists has been fined $400,000, and the company's director has copped a $100,000 fine and a suspended jail term after pleading guilty to a number of offences relating to the illegal operation of a waste facility in Eagleby.
The asbestos removal and demolition company pleaded guilty to nine offences under the Environmental Protection Act 1994 including:
- two offences for carrying out an environmentally relevant activity without an environmental authority,
- five offences for wilfully contravening an environmental protection order (EPO),
- one offence for wilfully and unlawfully depositing a prescribed water contaminant, and
- one offence for wilfully and unlawfully causing material harm.
In addition to the $400,000 fine, the company has been ordered to pay a monetary benefit order of $75,544, representing the licence fees for the activity. The company and its director were issued with a rehabilitation order to restore the impacted land.
The company's director, Mr Anthony Palmer, pleaded guilty to failing to ensure his company complied with the requirements of the Environmental Protection Act. He was fined $100,000 and sentenced to nine months imprisonment wholly suspended for three years.
The Court recorded convictions against both defendants and ordered they pay $12,645 each in legal and investigation costs.
During sentencing, the Court found the offending activities were deliberate and extensive, and noted it was one of Queensland's largest criminal asbestos waste matters.
Queensland's environmental regulator, the Department of Environment, Science and Innovation (DESI), began investigating the site in 2020 after officers conducted a series of site inspections and observed large amounts of illegally disposed construction waste, including asbestos.
Due to the site's location on the banks of the Albert River and other nearby water bodies, and its proximity to residential properties, the site was not licenced to receive any waste including asbestos-contaminated waste.
In June 2020, DESI issued the company with a Direction Notice which required it to immediately stop receiving and disposing of waste at the site, and to remove any onsite waste. In July 2021, DESI issued the company with a penalty infringement notice for failing to comply with the Direction Notice, and an EPO.
Mr Palmer and the company repeatedly failed to comply with the department's statutory notices, and during follow up site inspections throughout 2020, 2021 and 2022, environmental officers continued to observe old and new waste on site including asbestos.
Quotes attributable to Brad Wirth, Executive Director, Industry Development and South East Compliance, DESI
"As the environmental regulator, it is our role to implement and enforce legislation that protects the environment and safeguards our communities.
"It is vital that operators and individuals comply with the laws and regulations to ensure their activities do not harm our precious environment, and we will take strong action against those who fail to meet these expectations.
"The repeated and serious nature of these offences, and the lack of action from the company and Mr Palmer is extremely disappointing.
"The outcome from the Court reflects the seriousness of these offences.
"The handling, management and disposal of asbestos waste is strictly regulated by the department to protect the health and safety of our communities, and the environment.
"The Albert River is home to a diverse ecosystem and provides crucial habitat to number of flora and fauna species. Its conservation is essential to the area's biodiversity, and it is simply unacceptable that Mr Palmer and his company put its health at risk."
