An Ipswich waste operator has received a penalty of more than $600,000 after pleading guilty to seven offences relating to odour nuisance that impacted surrounding residents following an extreme rainfall event in 2022.
This sentence is the highest penalty ever handed down under the Environmental Protection Act 1994 for an environmental odour nuisance offence and sets a new precedent in Queensland for odour prosecutions.
The state’s environmental regulator, the Department of the Environment, Tourism, Science and Innovation (DETSI), began investigating the odour after nearby residents reported a ‘rotten egg gas’ odour on numerous occasions between March and July 2022 following an extreme weather event in February 2022.
Following charges being laid by DETSI, the company pleaded guilty to seven offences of contravening a condition of an Environmental Authority.
The Court found the company failed to take all reasonable and practicable measures to prevent the odour. The Court also found that the company committed other offences, including unlawfully pumping contaminated water around its site and unlawfully using that water for dust suppression.
As part of its investigation, DETSI obtained statements from residents and engaged an odour expert consultancy firm to undertake a series of field surveys to assist in determining the source of the odour.
Ipswich residents are set to directly benefit from the landmark result, with $212,000 of the overall penalty to fund community projects under a public benefit order (PBO).
A PBO is an enforcement tool that requires an operator to carry out or fund activities that restore or enhance the environment in a public place or for the public benefit.
Ipswich City Council will receive $190,000 under the PBO for much-needed upgrades to the Nature Centre in Queens Park, one of Ipswich’s most visited public attractions. This will enhance opportunities for children and families in the local area to get up close and experience unique local wildlife and a nature education experience.
The remaining $22,000 will fund free environmental education activities for children and families.
Quotes attributable to Executive Director, Industry Development and South East Compliance, DETSI, Brad Wirth:
“The impact this operator had on the community was simply unacceptable and I want to thank the many residents who reported odour nuisance and provided statements as part of our investigation.
“We take our role as the environmental regulator seriously and we will continue to take strong enforcement action, including court action, against operators who fail to meet their environmental obligations.
“This outcome is another step in the right direction in improving conditions for the local Ipswich community and we are pleased to see some of the penalty being returned directly to that community through a public benefit order.
“I want to assure the Ipswich community that we are continuing to pursue all available avenues to ensure compliance by all local waste operators and ask the community to continue to report odour nuisance when they are impacted. It helps us bring about outcomes, such as this.”
