Nicholas Harnetty faces court as Laverton company Australian Recycling Solutions charged over asbestos dust
A defunct building recycler has faced court over an asbestos discovery at its dusty depot.
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Environment Protection Agency investigators found dust blowing off a tons of asbestos-contaminated building rubble stored at a now-defunct Laverton North recycling business, a court has heard.
Australian Recycling Solutions faced the Sunshine Magistrates Court on Friday, where its sole director, Nicholas Harnetty, or Maryborough, pleaded guilty on the company’s behalf to an environmental offence stemming from a series of failed inspections in mid-2023.
The court heard EPA inspectors went to the 6000 sqm Hume Rd, Laverton, depot following reports of dust pollution from the site.
A small number of tests came back positive for asbestos, and Mr Harnetty spent more than $80,000 having the entire pile of rubble dumped at an authorised landfill.
The company’s lawyer, Stefan Fiedler, said Mr Harnetty came from a respected Maryborough farming family, and quit the building waste business after the EPA laid charges against the company.
Mr Fielder said building rubble recyclers was an “inherently risky” business, with operators having to accept the assurances of demolition companies that rubble was asbestos-free.
He said the EPA’s test results only showed a “trace amount” of asbestos in the rubble.
He said the asbestos was contained in old fibreboard from a demolished residential home, and did not pose a risk to public safety.
Had the asbestos gone undetected, the rubble would likely have been recycled and used in the dairy industry.
An EPA prosecutor said the company was required to have clear signage at the plant to differentiate between piles of asbestos-free and potentially-contaminated rubble.
“The EPA was called to the site because of dust coming from the site and asbestos was located on the site,” she said.
“You can’t make the finding that there is no risk of harm from the presence of asbestos within that stockpile.”
The sentencing magistrate said the case wasn’t one of large-scale, ongoing breaches of environmental laws.
She said the small amount of asbestos, Mr Harnetty’s decision to have it disposed of properly, and his decision to shut the recycling business were in his favour.
Mr Harnetty now runs a secure storage business on the site of the defunct rubble recycling business.
The company was sentenced to two-year adjourned undertaking, ordered to pay $1000 into the Magistrates’ Court charity fund, and will pay more than $6500 in costs.
The company was also ordered to take out a newspaper advertisement detailing its conduct.
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