A Falcon homeowner has been fined $13,500 after a burnt-out shed filled with asbestos was left to contaminate neighbouring properties, leaving residents with thousands of dollars in cleanup costs.
Court Proceedings
Peter Gordon Long did not appear in Mandurah Magistrates Court on Tuesday to face charges of failing to comply with a notice issued under the Health Act. He was convicted in his absence.
Prosecution lawyer Madeline Madvad told the court that a shed at Long’s home on Casilda Street in Falcon caught fire on September 15 last year. The following day, health officers issued Long a notice to remove the asbestos within 45 hours.
Ignored Notices
Long continued to receive notices from the City of Mandurah to remove the asbestos, but they were ignored as he did not have insurance. The homeowner eventually agreed to pay for the removal costs if the city organised it. However, it was not until six months later, in March this year, that the city employed contractors to remove the shed.
In the meantime, due to Long’s failure to take action, six neighbouring properties were contaminated with asbestos fibres. Each of these neighbours faced cleanup bills ranging from $10,000 to $30,000.
Magistrate’s Remarks
Magistrate Clare Cullen noted that the maximum penalty for the offence was $10,000, along with a daily penalty. She remarked that this seemed quite low given the circumstances.
“Is it correct that each of those neighbours spent between $10,000 and $35,000 to rectify?” Ms Cullen asked.
“That’s correct, and they’re still currently working with their insurance companies,” Ms Madvad replied. “And the city has been left with a significant cost of $60,000 to remediate this property because of the accused’s failure to take the action in the first instance. I understand that the neighbouring property owners are still working with their insurance to get all of these matters sorted.”
Ms Cullen said this was a “huge imposition” on the neighbours and put the health of the community at risk. “Finally, the hazardous material in question here being asbestos, and the effects of asbestos are generally well known... It can be fatal, and can involve death,” she added.
Penalty
Long was fined a total of $13,500, which included a daily penalty of $500, and was ordered to pay $1,500 in costs.
