A Footscray man has been convicted, fined $1,200 and ordered to pay $2,000 in costs for obstructing officers from EPA Victoria during an inspection of his unlicensed waste tyre processing business at Altona.
EPA CEO Joss Crawford says that it is the first time anyone charged with obstructing an Authorised Officer has contested the charge in court.
"EPA Authorised Officers have special powers under Victorian environmental laws. Those powers give them legal authority to inspect places or premises and enforce the Environment Protection Act 2017," Ms Crawford said.
"Anyone obstructing, hindering or delaying EPA authorised officers in their work risks swift action by EPA who will hold them to account through the Courts. This case demonstrates that the Courts recognise this type of offending is serious, given the risks posed, and that the offending can and does warrant a criminal conviction," she said.
"The law gives us room to be reasonable, but it expects anyone contacted by our officers to be reasonable too."
Anyone found guilty on charges from EPA may find it more difficult to do business in future, as it means they must pass a 'fit and proper person' assessment if they apply for any EPA licence or permission to operate as an individual or as a director of a company.
The case began in March 2023 when EPA officers visited Chester Rd, Altona, to inspect what had been reported as a waste tyre processor operating without the required EPA permission.
EPA told the Melbourne Magistrates' Court that when they knocked on his door, the man, Jorge Percy Leon Rios:
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Tried to close the door on them
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Recorded them and threatened to call police
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Claimed to be a cleaner and said the boss "Percy" wouldn't allow them to inspect without an appointment
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Refused to provide his name, address or drivers licence
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Refused to provide documents or information and refused to allow a complete inspection
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Made and cancelled several follow up inspections over the following few days
EPA told the Court that the officers explained after discovering that the now convicted criminal was operating a waste tyre business "Pit Stop Recycling", that obstructing, hindering or delaying them in their duties was an offence, but the man said he did not care.
Magistrate Metcalf noted that there are safety risks when working with waste tyres and it is the role of the authority to prevent fires and other hazards associated with waste tyres.
The Court did not accept the man's explanation of the offending that EPA should not have these powers, that he was confused, that the inspection was complete, that he shouldn't be held liable, and that he was trying to protect intellectual property and trade secrets.
The Court also accepted that even if the business didn't require a permission, EPA could still exercise its powers to inspect and regulate a business that was not a permission holder.
Members of the public can report pollution by calling EPA's 24-hour hotline on 1300 372 842 or providing details online at www.epa.vic.gov.au/report-pollution/reporting-pollution
