Adam O'Brien has been found guilty by the NSW Land and Environment Court on three charges of supplying false or misleading information about the disposal of asbestos waste following prosecution by the NSW Environment Protection Authority (EPA).
Mr O'Brien was the sole director of Rubbish King Pty Ltd which operated an unlicensed waste treatment facility in Wyong on the Central Coast.
In late 2016 he was contracted to dispose of 1,220 tonnes of asbestos contaminated waste from a construction site in Glebe.
NSW EPA Acting Director Operations, Claire Miles, said the Court found that in order for Mr O'Brien to be paid by the construction company he created fake documents such as an invoice and an email purporting to show that the asbestos waste had been lawfully disposed of.
"It's unacceptable to see someone place their financial gain ahead of the wellbeing of the community and the environment," Ms Miles said.
"Asbestos can be incredibly harmful if it isn't handled properly, which is why there are strict conditions around the transport and disposal of asbestos.
"The judge found that Mr O'Brien hadn't demonstrated any remorse or contrition and noted that it is still unknown where the waste was actually disposed.
"The construction company did the right thing by demanding to see proof that the waste had been disposed of lawfully.
"This is a warning to anyone out there who thinks they can get away with doing the wrong thing – we will hold you to account."
At the time of the offences, the maximum penalty for an offence was $120,000 for an individual, which was increased to $250,000 in March 2022, and to $500,000 in April 2024, demonstrating the NSW Government's increased concern regarding the objective seriousness of these types of offences.
After proceedings were delayed on the application of the Defendant, the Court has now delivered its judgment, fining Mr O'Brien $30,000 for each of the three offences for a total fine of $90,000. Mr O'Brien was also ordered to pay the EPA's legal costs.
