An Eagleby-based demolition company and its director have been ordered to pay nearly $600,000 plus serve a suspended jail term after illegally dumping asbestos.
The case has been branded one of the “worst-ever” illegal asbestos waste matters in Queensland.
The Beenleigh Magistrates Court last week handed down the “scathing” sentence following an investigation by Queensland’s environmental regulator.
The Department of Environment, Science and Innovation (DESI) began investigating the company, Asbestos Demolition Specialists, in 2020 after “large amounts” of illegally dumped construction waste were found during DESI inspections.
“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,” DESI claimed in a statement.
“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.”
According to DESI, the company failed to comply with the department’s statutory notices, and during follow up site inspections throughout 2020, 2021 and 2022, DESI officers continued to observe old and new waste on site including asbestos.
Last week, Asbestos Demolition Specialists was fined $400,000.
Director Anthony Palmer was issued with a $100,000 fine and nine months imprisonment wholly suspended for three years.
The court found the offending activities were “deliberate and extensive”.
According to the Department of Environment and Science (DESI), Mr Palmer pleaded guilty to nine offences under the Environmental Protection Act 1994, all in relation to the “illegal operation of a waste facility in Eagleby”.
These included:
- 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.
The company was also ordered to pay a monetary benefit order of $75,544, representing the licence fees for the activity.
The company and Mr Palmer were both ordered to pay $12,645 in legal and investigation costs and issued with a rehabilitation order to restore the impacted land.
DESI’s executive director of Industry Development and South East Compliance, Brad Wirth, said it was vital operators and individuals complied with laws and regulations to ensure the safety of the environment.
“We will take strong action against those who fail to meet these expectations,” Mr Wirth said.
“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 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.”
