EPA Victoria Issues Second Fine and VCAT Shutdown Order to Sunbury Tenant for Illegal Waste Burning

Overview

EPA Victoria has taken enforcement action against the operator of a Sunbury property for illegally burning industrial waste, issuing a $10,175 fine and an Environmental Action Notice. The case is notable for the multi-agency approach: following action by Hume City Council, the Victorian Civil and Administrative Tribunal (VCAT) ordered the activity to cease immediately. The operator, Paul Attwell, and his company Active Farming Pty Ltd had been trucking industrial waste and soil to a property on Riddell Road, Sunbury, where burn-offs were discovered during an EPA inspection prompted by community reports.

This enforcement action demonstrates the increasingly coordinated response by Victorian regulators to illegal waste disposal. The combination of EPA fines, Environmental Action Notices, and VCAT shutdown orders represents a significant escalation beyond the standard infringement notice process that characterised earlier approaches to waste burning offences.

Key details

EPA Victoria inspectors attended the Riddell Road property in early October 2025 following community complaints about smoke and odour. The inspection found evidence of industrial waste being burned on site, including commercial packaging materials. Active Farming Pty Ltd had been transporting industrial waste and soil to the rural property for disposal by burning.

The $10,175 infringement notice was issued under the Environment Protection Act 2017 (Vic) and the Infringements Act 2006. In addition to the fine, EPA issued an Environmental Action Notice requiring Active Farming to immediately cease accepting industrial waste, immediately cease burning industrial waste, and remove all industrial waste from the property by 30 January 2026.

Separately, Hume City Council pursued action through VCAT regarding truck movements on Canterbury Avenue associated with the operation. VCAT ordered that the waste transport and burning activity at the site must cease immediately. The multi-agency coordination between EPA Victoria, Hume City Council, and VCAT to achieve an operational shutdown is a departure from the traditional single-agency enforcement model.

The enforcement is directly supported by the Victorian Government’s $21.5 million Illegal Dumping Taskforce package, which allocates $13 million specifically for detection and enforcement operations. This dedicated funding stream enables EPA to respond more rapidly to community complaints and conduct targeted inspections of suspected illegal waste operations.

Australian regulatory context

Under the Environment Protection Act 2017 (Vic), which replaced the 1970 Act, all duty holders are subject to the General Environmental Duty (GED). This requires anyone conducting activities that pose risks of harm to human health or the environment to proactively minimise those risks, so far as reasonably practicable. The GED applies regardless of whether the activity is licensed, meaning small-scale operations like burning commercial waste on rural properties are captured by the same legislative framework as major industrial facilities.

EPA Victoria treats the burning of commercial packaging, including cardboard, as illegal industrial waste disposal rather than legitimate agricultural waste management. This distinction is important for property owners and tenants operating on rural or semi-rural properties, where burning has historically been treated as a routine disposal method. The 2017 Act significantly increased maximum penalties: individuals face fines up to $363,480 and corporations up to $1,817,400 for serious environmental offences, with imprisonment possible for the most egregious cases.

The VCAT enforcement pathway used in this case is increasingly common across Australian jurisdictions. In NSW, the Land and Environment Court serves a similar function, while Queensland’s Planning and Environment Court handles equivalent matters. The trend across all states is towards multi-agency coordinated responses that combine regulatory fines with tribunal-ordered cessation of activities, making it significantly harder for operators to continue illegal activities by simply paying fines as a cost of doing business.

Practical implications

For environmental consultants advising industrial clients, this case reinforces that EPA Victoria is actively enforcing against small-scale waste burning, not just major contamination events. Property managers and landlords should audit tenant waste disposal practices, particularly on rural, semi-rural, and industrial properties where burning may be occurring without the landlord’s knowledge. Under the GED, property owners may face enforcement action even where a tenant is the direct operator of the illegal activity.

Consultants and property managers should note that the multi-agency approach (EPA fine plus council-initiated VCAT order) effectively removes the operator’s ability to continue while contesting the fine. Where previously an operator might continue burning while paying periodic infringement notices, the VCAT cessation order creates an immediate, court-enforceable obligation to stop. Non-compliance with a VCAT order carries separate and potentially more severe penalties including contempt proceedings.

For site assessment practitioners, properties with a history of industrial waste burning may require investigation under the NEPM 2013 framework if there is a reasonable possibility of contamination. Burning of industrial waste, particularly plastics and treated materials, can generate polycyclic aromatic hydrocarbons (PAHs), dioxins, heavy metals, and other contaminants in surface soils. Where burning has occurred repeatedly over an extended period, a preliminary site investigation may be warranted before any change of land use or property transaction.

References and related sources

• Primary source: EPA Victoria: Fine for Sunbury property tenant
• Star Weekly: $10k fine for Sunbury farmer
• EPA Victoria: Penalties for businesses
• EPA Victoria: Burning waste can mean a fine

How iEnvi can help

iEnvi provides specialist consulting services relevant to this topic. Our team includes CEnvP Site Contamination Specialists with experience across contaminated land, groundwater, remediation, ecology, and regulatory compliance.

• iEnvi contaminated land services
• iEnvi remediation and validation services
• iEnvi expert services and independent review

This is an iEnvi Machete news summary. Prepared by iEnvi to summarise the source article for contaminated land, groundwater, remediation, approvals and site risk professionals.

Published: 22 Mar 2026

Need advice on this topic? Speak to an iEnvi expert at hello@ienvi.com.au or 1300 043 684, or contact us online.