Revealed: What went down when nine drums of toxic waste were dumped in a tidal lagoon near Yeppoon

More than two years after the discovery that shocked the Capricorn Coast community, it can finally be revealed how it all unfolded.

Jason Lee Atkins (inset) and the drums found floating in a tidal lagoon near Yeppoon.

Ever since drums of toxic waste were found dumped and leaking in a tidal lagoon at the Capricorn Coast in October, 2019, the community has had more questions than answers.

More than two years on, it can now be revealed how the nine drums were illegally dumped at Farnborough, north of Yeppoon, causing “material” environmental damage.

Two men were charged with multiple environmental offences relating to the discovery which shocked the local community.

The water is now clearer as to their involvement in the saga.

A Rockhampton court has heard that Jason Lee Atkins, 39, was the principal offender and that Eric Karl Davis, 42, was “a party” to the events.

Jason Lee Atkins.

Prior to last Thursday’s proceedings in the Magistrates Court, Atkins had pleaded guilty to five charges - carrying out an environmentally relevant activity without authority, two counts of illegally dumping waste, wilfully causing material environmental harm, and making a false and/or misleading statement.

Atkins had pleaded not guilty to a charge of littering, which last Thursday was dismissed after the prosecution offered no evidence in relation to it.

Davis was also charged with five offences - carrying out an environmentally relevant activity without authority, two counts of illegally dumping waste, wilfully causing material environmental harm, and making a false and/or misleading statement.

But in court last Thursday, in relation to Davis, the prosecution offered no evidence in relation to two of those charges (wilfully causing material environmental harm; and making a false and/or misleading statement) and they were subsequently dismissed.

Davis pleaded guilty to the remaining three charges.

Prosecutor for the Department of Environment and Science, Rob Carroll, tendered a statement of facts to the court and nine pages of photographs to complement those facts.

Mr Carroll provided a verbal overview of the statement of facts.

He said the offending was alleged to have happened between October 25 and November 1, 2019.

“The defendants committed various offences relating to the dumping of drums, 44-gallon drums, containing waste paint and waste paint thinners,” Mr Carroll said.

Drums dumped in a lagoon north of Yeppoon.

“This began with Davis arranging with his employer in Yeppoon, NMQ or ARG, NMQ Engineering Pty Ltd, for he and Atkins to collect the waste for Atkins, who was then a painter, in order to store and use it.

“A fee of $1000 was agreed to be paid for the removal of the drums from NMQ, and was paid on the 29th of October, to Davis.

“The prosecution doesn’t know where that $1000 went beyond that.”

Mr Carroll said that on October 26 and 27, 2019, Atkins and Davis removed an unknown number of 44-gallon drums from the NMQ premises.

Photographic evidence of this was shown to Magistrate Philippa Beckinsale.

Mr Carroll said on October 28, about 8am, a number of 44-gallon drums were reported as being in water in the wetland area at Corio Bay Fish Habitat Reserve Road, Farnborough.

“Those drums were observed, and smelt, to be leaking their contents, which was waste paint and waste paint thinners,” Mr Carroll said.

“It was probably the thinners that had that strong odour.”

Mr Carroll said on October 29, the drums were removed from the water.

Drums dumped in a lagoon north of Yeppoon.

Then some time later, on December 27, a further four similar drums were discovered in bushland near Iwasaki Road, Bangalee, also north of Yeppoon.

“Now at both sites, the drums had their lids removed, and/or were pierced with some kind of sharp, heavy object, and the contents had leaked out,” Mr Carroll said.

“In particular with respect to site one, all nine drums that were ultimately fished out, were found in the water.

“They’d been dragged into the water or had been rolled into the water, as some burrows in the earth suggested.

“And there were nine drums partially submerged in the water.”

Photographic evidence was shown to Ms Beckinsale.

Drums found dumped at site two at Bangalee.

Mr Carroll said the site two drums were not investigated until January 20, 2020.

“There’d been a lengthy period between the discovery by a member of the public and the reporting of that,” he said.

“Everything that had leaked out had dried by the 20th of January, 2020.”

At site one, photographic evidence tendered showed slicks in the water and dead biological organisms.

Mr Carroll explained that expert opinion was taken, based on sampling of the water and mud at site one on October 29 and 31.

“And site one is where the environmental harm, the material environmental harm occurred.”

Mr Carroll said the expert opinion considered the localised concentrations of contaminants in the water upon release would have been “many times higher than either acute or chronic toxicity guidelines” for a short duration of a number of hours.

“This was almost certainly responsible for the death of marine life in the immediate vicinity, being mangrove bloodworms (50 to 100), glass fish (about 50) and crabs (about 10),” Mr Carroll said.

Mr Carroll said an expert considered the release of toxins into the water at site one caused “an extreme toxicity event”.

“But because of the volatile nature of the majority of the chemicals involved, the impact would have been over a relatively short time frame, and unlikely to have had long-term ecological impact,” he said.

“And that’s why it’s material, rather than serious environmental harm.”

Mr Carroll said at site two, the impact to the environment was “minimal”.

Drums dumped in a tidal lagoon near Yeppoon.

He said both Atkins and Davis were interviewed separately in November, 2019, and both men told investigators various lies in relation to their involvement.

“Now the basis of liability for Mr Atkins is as a principal on all charges, and the basis for Mr Davis’s liability is as a party to Mr Atkins’ actions, per the charges one to three for Davis by aiding him (Atkins) in loading the vehicle and trailer, or vehicles and trailers,” Mr Carroll said.

“It’s not alleged that he (Davis) was present for that dumping, thereby it’s not alleged that he caused the environmental harm.”

In relation to the making a false and/or misleading statement charge, Mr Carroll explained that Atkins told investigators that he had transported the drums to his home, where his neighbour helped him unload them onto an old car trailer which was subsequently stolen, along with his motorbike.

“He said he’d received no payment of $1000 from NMQ in relation to transporting the drums and he did not know how they ended up at site one,” Mr Carroll said.

“Bear in mind site two hadn’t been discovered at this stage.”

Mr Carroll said Davis admitted to assisting and loading the drums, but stated that he received no payment from NMQ.

“The prosecution case is that he’d received that $1000 direct, whether it stayed in his pocket or not, is unknown.

“He (Davis) said also, that the drums had been stolen from Atkins’ home, which is consistent with the false account that he had suggested earlier to his boss over the phone, when this matter hit the media but before investigations had occurred.

“So he suggested a number of things to his boss over the phone, including that maybe he could do something about the CCTV footage, that (boss) should say he knew nothing of the matter...”.

In terms of the clean-up, the court heard that NMQ, the company involved in the initial arrangements to remove and dispose of the drums, had paid the $35,000 remediation costs for site one and “another few thousand dollars” for site two.

Mr Carroll said that NMQ had applied to enter into an enforceable undertaking under the Environmental Protection Act which “acknowledged its involvement in the matter”.

“Primarily in giving trackable waste, regulated waste, to unauthorised persons to transport, for a fee.

“That enforceable undertaking was accepted by the Department of Environment and Science in satisfaction of NMQ’s culpability in the matter, and that included because of the remediation... and also NMQ’s immediate co-operation in the matter.”

In court last Thursday, Davis appeared via video link and his solicitor Scott Moon explained that Davis was currently in custody, not for these matters.

Mr Moon said that Davis, throughout his life, had experienced “significant struggles” particularly with addiction to drugs.

“However, at the time of this offending, he was clean and clear of drugs,” Mr Moon said.

“He was very proud to have obtained employment at the establishment where these drums came from.

“It was realistically one of his first real, secure jobs for a long time.”

Mr Moon said in relation to the transporting of the drums, Davis did not deny his role as “a party”.

“He took on that role, and being able to find someone that was going to take those drums, being Mr Atkins, on the basis that he thought, not that his bosses may have thought, but he thought this could be a chance to impress his bosses in organising the removal of that waste.

“He deeply regrets his decision, in that it was a decision that has wreaked very serious consequences both financially for him, in that he has lost his job, and equally personally in that his partner who is here in court with us today, both he and his partner had been together for about 10 years.

“She has assisted him, as he has her, throughout life.

“But the stress of these events in 2019 to now has resulted in both (her) and Mr Davis separating, meaning that (she) moved to Rockhampton and Mr Davis remained in Yeppoon.”

Mr Moon said Davis’s ex-partner had described Davis as “a very special man” and “that she loves him deeply”.

“But these events have caused a quite serious, serious consequences for both of them in the relationship and they’ve been separated from each other, living in separate residences,” Mr Moon said.

Atkins represented himself in court, and his father Lee Atkins was allowed to sit with his son at the bar table in support of him.

Lee Atkins spoke first when it was time for his son’s submissions.

Lee told Ms Beckinsale that in 2011, Jason ran a rather large panel beating business, was happily married and owned a home.

He said in November of that year, Jason was playing with his son in the park when he slipped on wet grass and hit his head badly, which resulted in a brain operation.

“During that operation he got Meningitis,” Lee said.

“The outcome of that has been basically, lost his home, his wife and his business.

“His thought processes aren’t the same as the Jason I knew prior to that.

“Over the past few years his mental status has slowly gone downhill, to the point where now his son and Jason lives with me full-time.

“I’m not an official carer, but he lives with me and we keep an eye on him.”

Mr Carroll told Magistrate Beckinsale that in terms of sentencing, denunciation and general deterrence were “critical factors.”

In relation to Atkins, Mr Carroll submitted that a sentence of imprisonment in the realm of three to six months, wholly suspended, would be appropriate.

Mr Carroll said alternatively, significant fines could be imposed “somewhere in the realm of $30,000.”

“With respect to the recording of convictions, it’s the prosecution’s submission, that as a mature adult who’s active intentionally in this offending, that convictions would be recorded, and noting of course that he’s not without criminal history, although the prosecution doesn’t place a great deal of weight on that for him,” Mr Carroll said.

With respect to Davis, Mr Carroll submitted that the appropriate overall sentence for his offending would equate to a fine or fines “in the range of $10,000 to $15,000”.

“It’s conceded in that submission, and regardless, that his (Davis’s) criminality is less than that of Mr Atkins due to the basis of his liability as a party, however his extensive prior criminal history is much greater than that of his co-offender (Atkins) and I add that that supports the prosecution’s submission in recording convictions for him (Davis),” Mr Carroll said.

The prosecution said it was seeking $1500 legal costs for last Thursday’s court matter to be split between Atkins and Davis.

“There have been many mentions of this matter, Your Honour... and the department is not seeking the costs of attendances on those mentions,” Mr Carroll said.

The prosecution also said it was seeking $11,860.20 for investigation costs against Atkins as those technical costs related to one of his charges.

In relation to penalty for Davis, Mr Moon said Magistrate Beckinsale had to consider capacity to pay.

“My client is presently in custody, not for these matters,” Mr Moon said.

“And it’s not something Your Honour needs to consider with respect to penalty, as in an aggravating feature, but does need to consider whether he’s got capacity to pay a significant fine.

“And when Your Honour considers that, he’s unemployed.”

In relation to penalty for Atkins, his father sat down in court and handed over to his son to speak and make submissions on that.

Atkins said: “I don’t really have the ability to pay a large fine. I’m unemployed and have been for quite some time.

“And there’s no sort of prospects on the horizon for employment.

“I’ve got medical reports too saying that I’m to do limited work.”

Magistrate Beckinsale asked Atkins if he had any medical documents he wanted to tender.

He said he did not have any with him and said “sorry Your Honour.”

In relation to the prosecution’s submission for a wholly suspended jail sentence and costs, Atkins did not contest this and he said: “I feel remorseful for what I’ve done - I just need to accept the punishment.”

Ms Beckinsale reserved her decision to a later date.