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$133,000 fine for dumping building waste in Sydney waters

by Penny Robins 23 Oct 2020 04:26 PDT
RMS Patrol Vessel enforcing a perimeter around the salvage operation © NSW Maritime

Transport for NSW and the Land and Environment Court has sent a strong message to would-be polluters after a protracted investigation into illegal dumping in Sydney waters.

NSW Maritime A/ Executive Director Andrew Mogg said East Coast Wharf Constructions Pty Ltd and its director, Benjamin King, 45, were charged with transportation of waste to a site that was not a waste facility, and occupying a place and using it as a waste facility under the Protection of the Environment Operations Act.

"Transport for NSW investigators had Mr King and his company in their sights from as far back as 2015 when large sections of a pontoon which had been demolished by the company were stored at Mr King's mooring, and were subsequently found on the seabed at Pittwater," Mr Mogg said.

"Underwater searches using divers and hydrographic survey found almost three tonnes of inorganic building material in sections measuring from 7.5 to 9 metres in length.

"After the longest ever maritime investigation by Transport for NSW, we were able to secure a prosecution. The court has issued a significant penalty for this kind of environmental dumping in maritime waters," he said.

Mr King, who pleaded guilty on behalf of himself and his company, will be required to pay $133,000 in fines, plus costs which are yet to be determined, in what will hopefully become a significant deterrent for others who might think about dumping rubbish out of boats.

Specialist in environment and planning law, Dr Nick Brunton, from Norton Rose Fulbright Australia, said he was proud to have been involved in the maritime prosecution.

"Once this case becomes known, it will send a strong message to those foolish enough to consider our waters are a dumping ground," Dr Brunton said.

"Some 20 years ago I wrote my doctorate on coastal water pollution and it's nice to feel that progress is being made to stop it."

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