Land and Environment Court conviction costs Mortdale Recycling $70,000

The NSW Land and Environment Court has convicted and penalised Mortdale Recycling Pty Ltd for breaching a condition of its environment protection licence, following prosecution by the NSW Environment Protection Authority (EPA).

The Court convicted Mortdale Recycling, a subsidiary of ASX listed Bingo Industries Ltd, and ordered them to pay $30,000 to the Environmental Trust and $40,000 for the EPA’s legal costs. The Court also ordered they publish the details of the conviction and penalty in a number of publications including the Sydney Morning Herald and on Bingo Industries website.

Mortdale Recycling held an environment protection licence for premises in southern Sydney to receive and process a maximum of 30,000 tonnes of waste per year. Mortdale Recycling breached its licence by receiving and processing approximately 59,000 tonnes of waste in 2017.

In handing down the sentence, the Court found that Mortdale Recycling’s breach of its licence “was clearly a case of negligence, perhaps bordering on recklessness”.

EPA Acting Chief Environmental Regulator Greg Sheehy welcomed the Court’s judgment and said the conviction should serve as a deterrent.

“This conviction is a reminder to waste and recycling facilities to abide by the conditions of their licence.”

Prosecutions are one of a number of tools the EPA uses to achieve environmental compliance including formal warnings, official cautions, licence conditions, notices and directions. For more information about the EPA’s regulatory tools, see the EPA Compliance Policy at www.epa.nsw.gov.au/legislation/prosguid.htm