Rosario Pelligra, Fortek in court: EPA considers offer

The case of a property magnate accused of unlawfully disposing of 500 tonnes of contaminated timber from the former Ford factory will continue, despite an offer to resolve the matter.

Pelligra Group chairman Ross Pelligra at the old Ford site in Norlane, Geelong. Picture: Peter Ristevski

A property magnate’s court battle over contaminated waste from the former Ford factory will drag on, despite an offer being lodged to resolve the matter.

Lawyers for Rosario Pelligra, 46, also known as Ross, and his company Fortek Pty Ltd – which is developing the Ford factory site – appeared virtually in Geelong Magistrates Court on Tuesday for a contest mention hearing.

The charges Mr Pelligra and Fortek face relate to the alleged unlawful disposal of about 500 tonnes of hydrocarbon contaminated timber during the decommissioning of the old Ford factory site in Norlane in November 2022.

Hydro-carbon contamination occurs due to petrol.

Mr Pelligra did not appear in court, but was represented by silk Robert O’Neil SC at Tuesday’s brief hearing, while barrister Glenn Barr represented Fortek.

The EPA charged Mr Pelligra and Fortek, of which he is the sole director, in December 2023, following an investigation by the agency into the disposal of contaminated timber from the decommissioning of the former Ford factory.

Court documents previously released to the Geelong Advertiser detail the allegations against Mr Pelligra and Fortek.

New Perth Glory Chairman, Ross Pelligra watching a game in 2024, in Perth, Australia. (Photo by James Worsfold/Getty Images)

The company allegedly provided “false and misleading information” to Sycle, the company hired to dispose of the waste, including allegedly telling Sycle the timber was “solid asbestos waste”.

The EPA’s allegations also point to a letter Fortek provided Sycle, purporting to be from a hygienist, which the EPA alleges is false.

Further, the EPA alleges Fortek allegedly concealed a waste classification report that stated the waste was “category B – priority waste material”, which Sycle was not authorised to receive.

Prosecuting barrister James Penny, for the EPA, told the court the defence had made an offer to resolve the matter.

However, he sought a further adjournment as there were “some complexities” and the prosecution needed additional time to consider the offer and seek legal advice.

The court heard while the matter had been mentioned in court numerous times, it had not actually seen a formal contest mention, as the parties had been having ongoing discussions to case conference the matter.

Magistrate Franz Holzer noted the matter “had been around for some considerable time”, given the charges date back to November 2022.

Mr O’Neil supported the prosecution’s application for an adjournment, telling the court the matter was being taken seriously and “all parties benefit if the matter resolves”.

Mr Barr took the same position.

Mr Holzer adjourned the matter to May 27.

Along with Fortek, Mr Pelligra is the chairman of Pelligra Group, whose assets include A-League club Perth Glory.

Pelligra Group purchased the Norlane factory, along with Ford’s sites in North Shore and Broadmeadows in 2019, two years after purchasing a former Holden factory in Adelaide.

At the time, the company said it would invest $500m in developing the three Ford sites.

Originally published as Rosario Pelligra, Fortek in court: EPA considers offer