Operators of a metal recycling company who refused EPA officers their legal right to enter its site has been fined, ordered to pay costs and do training.
Norstar Recycling Pty Ltd, will pay $2,000 in fines, $2,000 in costs and must publish an adverse publicity notice in a major newspaper following the decision in Heidelberg Magistrates Court on 6 July 2023.
Other orders made by the court also include for training of the company's staff and directors to better understand their legal obligations.
In December 2023, EPA officers attended the company's Reservoir site but were not permitted to enter, despite explaining their legal authority under the Environment Protection Act 2017.
Access was refused unless an appointment was made, with the situation repeated in January 2023.
In making the decision, Magistrate Hoare upheld the powers provided by section 246 of the Act which allows officers to enter and inspect a premises at any reasonable time.
"EPA officers have right of entry to a business premises and should not be obstructed from gaining entry at any reasonable time," EPA CEO Lee Miezis said.
"This is the first time those powers have been tested in a court and they have been upheld. This is a timely reminder that all businesses need to understand all their obligations and there are consequences if they don't. "
