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Guilty plea as EPA prosecutes uncooperative Hoppers Crossing man

4 May 2018


Refusing to cooperate with an investigation by Environment Protection Authority Victoria (EPA) has cost a Hoppers Crossing man an appearance in court and a $3,000 fine. 

Lila Malo of Hoppers Crossing was prosecuted for refusing to provide documents and identify the operator of a truck during an EPA investigation into the illegal dumping of hundreds of truckloads of mulch. 

EPA’s Major Investigations Manager, Peter Kerr, said refusing to cooperate with the investigation was a serious matter. 

“The mulch was industrial waste, it was dumped in the suburban community of Kealba, and refusing to cooperate with EPA investigators is illegal and a waste of public resources,” Mr Kerr said.  

“It can hinder our efforts to identify the person or organisation responsible and hold them to account for offences that have damaged the environment,” he said. 

“The mulch had been dumped behind a local petrol station, and if left to decay, it could have become a fire hazard, leaked contaminants into nearby waterways, attracted vermin and created an unpleasant odour.”  

“Malo was the registered owner of a truck identified by witnesses, and EPA had issued him with documents requiring that he provide details of the operator of the truck and all documents relating to the dumping of the waste.  Malo was given chances to provide the information and documents, but did not comply, and EPA took him to court,” Mr Kerr said. 

Malo pleaded guilty in the Sunshine Magistrates Court to two charges under Section 55 of the Environment Protection Act 1970, which gives EPA the power to require relevant documents and details of the occupier of a property, or in this case, a vehicle. 

“The magistrate convicted Malo and fined him $3,000, and the case is a very clear signal that EPA will prosecute those who refuse to cooperate with a lawful investigation, whether the case is large or small,” Mr Kerr said. 

Members of the public can report pollution of the environment to the 24-hour EPA pollution hotline, by calling 1300 372 842 (1300 EPA VIC).  There’s more information at www.epa.vic.gov.au/get-involved/report-pollution

Page last updated on 4 May 2018