Plenty River company Jenkins Hire and director Timothy Jenkins in court on pollution charges

The director of a Tasmanian composting and waste company accused of causing mass fish deaths after a wastewater spill has made a significant step in his case. Latest from court.

Polluted water in Tasmania's Plenty River on September 23 2020, collected by a local resident. Picture: Supplied

The director of a Tasmanian composting and waste company accused of causing mass fish deaths in the Plenty River has been given 21 days to plead to his charges.

The request for time to go through an incoming statement of facts was made by the lawyer for Timothy Henry Jenkins – director of Jenkins Hire Pty Ltd – in Hobart Magistrates Court on Thursday.

Both Jenkins and his company are facing multiple charges arising from the 2020 alleged offending.

Jenkins himself is facing seven charges which include use land for the disposal of waste, store a controlled waste without authority, and disposal of controlled waste except as approved.

He and Jenkins Hire are also charged with one count each of cause environmental harm by polluting the environment intentionally or recklessly and with the knowledge that material harm will or might result, and cause a controlled waste to be stored in such a manner that it is reasonably likely that the controlled waste will escape into the environment.

Brightsides Composting Plant owned by Jenkins Hire at Plenty near the Plenty River. Picture Chris Kidd

The company was previously issued a “clean up” notice after an alleged wastewater spill contaminated the Plenty River and the Salmon Ponds hatchery.

The total fish death tally includes 120,000 brown trout fry, 13,000 rainbow trout fry, 43 brook trout broodstock and 28 display fish.

In court, the lawyer told Magistrate Reg Marron that there had been a meeting between the prosecution and defence with a view of getting the statement of facts.

“ … And also to provide further information in relation to a number of issues to do with the charges themselves,” the lawyer said.

“I understand this is imminent; the provision of statement of facts.”

The lawyer asked that a 21 day adjournment be granted that would allow time to go through the statement of facts and “further information regarding aspects of the charges”.

The lawyer said the adjournment would “minimise any potential hearing time” or result in a plea of guilty.

Mr Marron directed a plea be entered at the next mention date.

Prosecutor Letitia Fox told the court that a statement of facts had already “been drafted” all that needed to be done was “clarify some technical matters” before it would be given to Jenkins’ lawyer tomorrow.

“[You’re] directed to plead, one way or the other,” Mr Marron said.

Originally published as Plenty River company Jenkins Hire and director Timothy Jenkins in court on pollution charges