$20,000 fine for breaching court order
A Mundoo man prosecuted by the Cassowary Coast Regional Council for flouting a restraint order and continuing to run an illegal and environmentally-hazardous scrap metal operation was fined $20,000 in the Innisfail Magistrates Court last Friday (16th October).
Earl Robert Ohnesorgen, who appeared before Magistrate Janelle Brassington, pleaded guilty to breaching a restraint order placed on him by the Planning and Environment Court in Cairns in November 2004.
The restraint order, issued under Section 505 of the Environmental Protection Act, prohibited Mr Ohnesorgen, (formerly of Mundoo Towing and Auto Wreckers), from running a metal recovery business – including a scrap metal yard and auto wrecking operation – from premises on Aerodrome Road at Mundoo.
However, Mr Ohnesorgen ignored the Court order and continued to dismantle motor vehicles and operate a scrap metal yard in such a manner as to pose a real risk of causing environmental harm and nuisance to neighbouring residents in Mundoo, according to CCRC Environmental Services Manager, Geoff Wilson.
“Practices at his business included dismantling vehicles and draining fluids such as oils on an unsealed surface, resulting in the release of those oils and fluids onto bare earth,” Mr Wilson said.
“Partially dismantled vehicles left on the roadway also disrupted the flow of traffic in Aerodrome Road, and frequently blocked neighbouring driveways.
“Other unacceptable practices included storing old batteries and waste fluids in an unroofed and unsealed area, which resulted in a real risk of contaminated run-off during heavy rain.”
Mr Wilson said council environmental officers had made repeated attempts over the years to work pro-actively with Mr Ohnesorgen to encourage him to comply with environmental requirements.
“But he continually refused to comply or cooperate, and as a result, the council was left with no choice but to prosecute him for breach of the Court order,” Mr Wilson said.
In the course of her sentencing remarks, Magistrate Janelle Brassington made reference to the fact that the offence had involved a complete disregard for an Order of a Superior Court and that any penalty imposed must involve both personal and general deterrents.
She fined Mr Ohnesorgen the sum of $20,000 and ordered him to pay $6,837 towards the council’s legal and investigation costs. Mr Ohnesorgen was given six months to pay the fine and costs. In default of payment of the fine, he faces four months’ imprisonment. Failure to pay the costs will incur two months’ imprisonment.
Mr Wilson said the magnitude of Mr Ohnesorgen’s fine indicated that the court had taken his offence seriously.
“This result vindicates the efforts of council officers to prevent Mr Ohnesorgen from continuing to jeopardise the environment,” he said. “It also acknowledges the impact his actions have had on neighbours.”