A property owner that authorised the use of pressures sprayers on the asbestos roof of one of its properties has been convicted and fined.
An Environment, Resources and Development Court Judge, explained that the fine of $36,000 was a “drop in the ocean” compared to the actual cost of the contamination.
Aurora Properties and director Alex Panas faced the court last week, where it was heard that Mr Panas had authorised the use of a pressure sprayer on the roof a property by a relative, ahead of a proposed “facelift” of the site.
The tenant at the time, Goodlife Gym, was unaware of the work. Patrons at the gym later reported debris falling from the ceiling, including one patron who alerted the EPA after noticing what looked like asbestos outside the gym.
The subsequent investigation found asbestos in the airconditioning ducts of the gym, its gutters and on the footpaths outside. The gym was closed for five days while remediation took place.
Aurora and Mr Panas pleaded guilty to environmental harm and a failure to notify the EPA of the planned works.
According to the accused, the waiver that was placed on the gym’s rent while it was closed and compensation to lost members cost close to $200,000. Additionally, the closure of the gym led to a sales contract not going ahead, which the accused say cost them $2 million.
Judge Durrant explained that he placed little weight on the claim of $2 million in losses, saying at best, he could conclude that the company had lost a single opportunity to sell the property.
“The charges are not at the highest range of seriousness, but they are still significant,” he said.
“While the air quality testing produced a negligible reading, the potential for harm was great.
“Mr Panas knew the gym was used by the public 24 hours a day and that it was the owners’ responsibility to check the asbestos register.”
Director, Mr Panas, was fined $12,000 while the company was fined $24,000 and required to pay more than $25,000 for the EPA’s cleanup costs.