A$10,000 fine for illegal Wollert tip after A$3 million clean-up
Whittlesea City Council is considering how to recover its costs after contaminated waste was removed from council-owned land.
Melbourne man Mohamad Yassin Yousef Sadek has been fined A$10,000 over an illegal waste operation at a council-owned property in Wollert, where the clean-up cost ratepayers A$3 million. His conviction for environmental offences was recorded in August at Heidelberg Magistrates' Court.
The court also required Sadek to pay A$5,000 towards the EPA's costs. In prosecuting him, the agency alleged he arranged with truck drivers to receive industrial waste over two months in 2021 while leasing the land from Whittlesea City Council.
According to the EPA, the property required removal of 11,000 tonnes of industrial rubbish and contaminated soil. Inspectors attended in September 2021 after receiving a tip-off, and testing found asbestos in seven places.
The agency said Sadek did not comply with environmental notices issued over almost two years. It directed the council to remove the waste in July 2023. The council said most remediation work was complete and it was examining options to recover its expenditure.
Environmental law expert Brad Jessup said the fine was probably below the cost of lawful disposal, creating a financial incentive for polluters. He said prosecutors had powers to pursue larger penalties and recover proceeds from environmental offending, but neither was used in Sadek's case.
Dr Jessup said the EPA's preference for the magistrates' court limited potential penalties, while acknowledging higher-court proceedings were more costly and time-consuming. The EPA said it assessed the appropriate jurisdiction case by case, based on evidence and legal considerations rather than budget constraints.
