Environment Protection Authority v Complete Asbestos Removal Pty Ltd; Environment Protection Authority v Endacott

The proceedings before the court involved two respondents, Complete Asbestos Removal Pty Ltd and Endacott, who were charged by the Environment Protection Authority (EPA) with various environmental offences under the Environment Protection Act 2017 (Vic). The charges related to the alleged illegal transportation and disposal of asbestos waste without appropriate licences and permits. The respondents were jointly charged with multiple counts of offences, including the illegal transportation of hazardous waste and failing to comply with the requirements of their environmental permits. The case was heard in the County Court of Victoria.

The central legal issues before the court were the interpretation and application of the Environment Protection Act 2017 (Vic) to the facts of the case. The court needed to determine whether the respondents had indeed contravened the statutory provisions by transporting and disposing of asbestos waste without the necessary licences and permits. Additionally, the court had to examine the credibility of the evidence provided by the respondents and the EPA, and the degree of culpability, if any, attributable to the respondents. A key issue was whether the respondents had acted with the requisite mens rea for the offences charged.

The court examined the evidence presented by both parties and concluded that the respondents were guilty of the offences charged. The court found that the respondents had transported and disposed of asbestos waste without the necessary permits and had failed to comply with the statutory requirements. The court found the evidence of the EPA to be credible and reliable, and dismissed the defences raised by the respondents. The court held that the respondents were fully aware of the legal requirements but chose to disregard them, demonstrating a wilful disregard for the law. The court ordered both respondents to pay fines and costs as detailed in the judgment.