Benjamin King, East Coast Wharf Constructions Pty Ltd, fined after waste found in Pittwater
The boss of a northern beaches company has been handed a “colossal” fine after three tonnes of waste was found on the seabed in Pittwater. Prosecutors hope the punishment will be a deterrent.
Manly
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A construction company and its director have been fined a whopping $133,000 after three tonnes of waste was found at the bottom of Pittwater.
East Coast Wharf Constructions Pty Ltd and its director, Benjamin King, 45, of Scotland Island, were charged with transportation of waste to a site that was not a waste facility, and occupying a place and using it as a waste facility under the Protection of the Environment Operations Act.
Charges of wilful or negligent disposal of waste in a manner that harmed, or was likely to harm, the environment were withdrawn.
The Transport for NSW and the Land and Environment Court said the successful prosecution followed a protracted four year investigation.
“Transport for NSW investigators had Mr King and his company in their sights from as far back as 2015 when large sections of a pontoon, which had been demolished by the company, were stored at Mr King’s mooring, and were subsequently found on the seabed at Pittwater,”
NSW Maritime Executive Director Andrew Mogg, said.
“Underwater searches using divers and hydrographic survey found almost three tonnes of inorganic building material in sections measuring from 7.5 to 9 metres in length.
“After the longest ever maritime investigation by Transport for NSW, we were able to secure a prosecution.”
Mr King will be required to pay $133,000 in fines, plus costs which are yet to be determined.
Transport for NSW hopes the prosecution will become a significant deterrent for others who improperly transport and store rubbish.
Specialist in environment and planning law, Dr Nick Brunton, from Norton Rose Fulbright
Australia, said he was proud to have been involved in the maritime prosecution.
“Once this case becomes known, it will send a strong message,” Dr Brunton said.
“Some 20 years ago I wrote my doctorate on coastal water pollution and it’s nice to feel that progress is being made to stop it.”
The waste was found 150m off the south west end of Scotland Island.
Mr King, whose company is registered in Mona Vale, told the Manly Daily the fine was “colossal”.
“I’ve got a colossal fine which is totally over the top,” he said.
“These segments of pontoon unintentionally ended up on the seabed.”
He said his company, which had been running for 25 years, employed about six people and had lots of work and lots of “good clients”.
He said would continue the business despite the hefty fine, and court costs, which are not yet known.
“It’s certainly not a good day,” he said.