Queensland company fined for illegally dumping asbestos next to homes and wetlands

A Queensland company has been fined for what has been described as one of the state’s worst cases of illegal asbestos dumping next to homes, rivers and wetlands south of Brisbane.

Eagleby-based company Asbestos Demolition Specialists and its director Anthony Palmer pleaded guilty in court to several charges related to the repeated dumping of waste only 500m from homes.

That dumping caused environmental harm to local waterways, according to experts.

Beenleigh Magistrate’s Court heard Queensland’s environmental regulator, the Department of Environment, Science and Innovation, began investigating a site on Schmidt Rd in Eagleby in 2020, after a series of site inspections found large amounts of illegally disposed construction waste — including asbestos.

“Due to the site’s location on the banks of the Albert River and other nearby water bodies, and its proximity to residential properties, the site was not licensed to receive any waste including asbestos-contaminated waste,” a DESI spokesperson said.

In June 2020, DESI issued the company with a direction notice which required it to immediately stop receiving and disposing of waste at the site, and to remove any onsite waste.

In July 2021, DESI issued the company with a penalty infringement notice for failing to comply with the direction notice, as well as an environmental protection order.

DESI said the company repeatedly failed to comply with the department’s statutory notices and, during follow-up site inspections throughout 2020, 2021 and 2022, environmental officers continued to observe old and new waste on site including asbestos.

“As the environmental regulator, it is our role to implement and enforce legislation that protects the environment and safeguards our communities,” DESI executive director of compliance Brad Wirth said.

“It is vital that operators and individuals comply with the laws and regulations to ensure their activities do not harm our precious environment, and we will take strong action against those who fail to meet these expectations.

“The repeated and serious nature of these offences, and the lack of action from the company and Mr Palmer, is extremely disappointing.”

A DESI spokesperson said while the exact environmental impacts were difficult to quantify, the waste has likely caused harm to the Albert River and the land will be unable to be used for agricultural purposes until it has been fully rehabilitated.

On Wednesday, the court fined the company $400,000 after it pleaded guilty to nine offences under the Environmental Protection Act 1994 including:

• Two offences of carrying out an environmentally relevant activity without an environmental authority,
• Five offences of wilfully contravening an environmental protection order (EPO),
• One offence of wilfully and unlawfully depositing a prescribed water contaminant, and
• One offence of wilfully and unlawfully causing material harm.

Palmer pleaded guilty to failing to ensure his company complied with the requirements of the Environmental Protection Act and was fined $100,000 and sentenced to nine months imprisonment wholly suspended for three years.

The company and its director were also issued with a rehabilitation order to restore the impacted land, and ordered they pay $12,645 each in legal and investigation costs.

“The outcome from the court reflects the seriousness of these offences,” Wirth said.

“The handling, management and disposal of asbestos waste is strictly regulated by the department to protect the health and safety of our communities, and the environment.

“The Albert River is home to a diverse ecosystem and provides crucial habitat to a number of flora and fauna species.

“Its conservation is essential to the area’s biodiversity, and it is simply unacceptable that Mr Palmer and his company put its health at risk.”