Wollondilly Shire Council has welcomed the resolution of a land pollution case
involving dumping of contaminated fill on a property at Thirlmere in 2020, which has
resulted in a significant fine for the polluting individual and the company.
The NSW Environment Protection Authority (EPA) has advised Council that after
conducting a years-long investigation into Mr Andrew Hughes and earthmoving
business ANT Civil Pty Ltd for depositing a combined 2,830 tonnes of asbestos
contaminated material on properties at Thirlmere and Rossmore, the case has now
been resolved and penalties of over $335,000 in total ordered.
For polluting the land at Thirlmere, Mr Hughes received a $72,000 fine and ANT Civil
received a $110,000 fine, as well as nearly $15,000 in investigation costs.
The EPA has thanked Wollondilly Shire Council officers for alerting them to the pollution incidents.
Mayor Matt Gould said, “This is an important reminder for everyone to never accept
supposed free ‘clean’ fill, as criminal operators can easily take advantage of
residents and cause long-term harm to the environment.
“In this case, the offender advertised free clean fill for delivery, but instead the
company knowingly supplied contaminated soil which included asbestos waste as
well as concrete, bricks, plastic and other debris.
“This was done deliberately and has caused great distress to the property owners,
who unwittingly accepted the contaminated fill.
“We are pleased to see that the EPA has conducted a thorough investigation and the
offender has been held accountable for his actions, having been ordered to clean up
the site within 30 days in addition to the fines and legal costs.
Three more prosecutions concerning Mr Hughes’ alleged pollution of properties on
the outskirts of Greater Sydney are currently before the Land and Environment
Court.
Property owners are responsible for ensuring that any fill brought onto their land is
lawful, clean, and suitable for its intended purpose. Accepting contaminated fill can
result in significant clean-up costs, environmental harm, and potential legal action.
Residents should always verify the source and quality of fill before accepting it and
request appropriate documentation demonstrating that the material is free from
contamination. A clean fill certificate proving the origin of the fill and collection points
prior to delivery should be sighted to verify that soil or earth material is
uncontaminated and safe for reuse.
In NSW, a certificate is often issued as a VENM (Virgin Excavated Natural Material) or ENM (Excavated Natural Material) certificate, which proves the material has been tested by an environmental professional and meets EPA limits.
Council also recommends contacting Council’s Duty Planner to confirm whether
development consent is required before undertaking any filling or earthworks on the
property.
