Port Adelaide Salvage wins cut to history making illegal dump fine
A Port Adelaide demolition and waste contractor has had a fine for operating an illegal dump — the biggest penalty in SA history — cut in the Supreme Court.
- Port Adelaide Salvage buried under history-making fine
- EM Earthmovers fined for allowing illegal dump at Highbury
Port Adelaide Salvage has had a fine significantly reduced by the Supreme Court after being slapped with the biggest penalty in South Australian history for operating an illegal waste depot.
The company and its director, Maurizio Corsaro, appealed the total fines of $54,000 for the illegal dumps at Highbury and Houghton.
They were resentenced and fined a total of $37,500.
Port Adelaide Salvage had its penalty cut from $44,000 to $32,000 and Mr Corsaro was ordered to pay $5,500 instead of the original penalty of $18,000.
Port Adelaide Salvage were believed to have saved about $30,000 in dumping costs by illegally disposing of more than 100 tonnes of construction material.
Justice David Lovell found the original judgment, handed down in February, was “manifestly excessive” compared to the sentence given to the owners of the property where the waste was dumped.
EM Earthmovers — owned by Elliott Peter Musolino and Pauline Elizabeth Musolino — which allowed Port Adelaide Salvage to dump on their property, was fined $24,200 last year.
It came after Mr Musolino said he’d cut a deal with Mr Corsaro not to charge him for the dumping if he sold building aggregate produced at his quarry.
In his judgment, Justice Lovell found both businesses had been equally culpable in the illegal dumping.
“Clearly the acts … could not have occurred without the opportunity being presented to them by Mr Musolino and EM Earthmovers,” Justice Lovell said.
“They both participated in the scheme, they relied on each other to achieve a benefit and there was a plan to make a profit in due course.
“Clearly, the two appellants and EM Earthmovers were equally culpable in this venture.”
Port Adelaide Salvage and Mr Corsaro were resentenced and given a discount for their guilty pleas.