A Footscray man has been convicted, fined $1,200 and ordered to pay $2,000 in costs for obstructing EPA Victoria officers during an inspection of his unlicenced waste tyre processing business in Altona.
The case began in March 2023 when EPA officers visited Chester Road, Altona, to inspect what had been reported as a waste tyre processor operating without the required EPA permission.
EPA told the Melbourne Magistrates’ Court that when they knocked on his door, Jorge Percy Leon Rios tried to close the door on them, recorded them and threatened to call police.
The EPA also told the court that Mr Rios refused to provide identification or allow an inspection and then made and cancelled several follow up inspections.
In further evidence, the EPA said its officers explained to Mr Rios that obstructing them was an offence, but that he replied that he did not care.
Magistrate Metcalf noted that there are safety risks when working with waste tyres and it is the role of the authority to prevent fires and other hazards associated with waste tyres.
The court did not accept the Mr Rios’ explanation of the offending that EPA should not have these powers, that he was confused, that the inspection was complete, that he shouldn’t be held liable, and that he was trying to protect intellectual property and trade secrets.
The court also accepted that even if the business didn’t require a permission, EPA could still exercise its powers to inspect and regulate a business that was not a permission holder.
EPA chief executive Joss Crawford said that it is the first time anyone charged with obstructing an authorised officer has contested the charge in court.
“This case demonstrates that the courts recognise this type of offending is serious, given the risks posed, and that the offending can and does warrant a criminal conviction,” Ms Crawford said.
“The law gives us room to be reasonable, but it expects anyone contacted by our officers to be reasonable too.“
Members of the public can report pollution by calling EPA’s 24-hour hotline on 1300 372 842 or online at: https://www.epa.vic.gov.au/report-pollution/reporting-pollution
