The owner and operator of an unlicensed quarry in Balala has been ordered to pay $190,000 by the Armidale Local Court for breaching the state’s environment laws by extracting gravel at more than two and four times the legal limit.
Mr David Patrick Carlon operated a quarry in Balala without an Environment Protection Licence, which meant he was limited to extracting 30,000 tonnes of material from the quarry each year.
EPA investigators found the quarry had extracted 138,000 tonnes of material in 2021 and 72,000 tonnes of material in 2022.
NSW EPA Director of Operations Scott Kidd said Mr Carlon was advised of the limits but continued to operate above them.
“Licence thresholds are in place for a reason – when larger industrial activities occur, the EPA sets out conditions to manage potential environmental impacts,” Mr Kidd said.
“Mr Carlon was aware of the rules but chose to breach them, extracting over four times the amount of gravel he was permitted to in 2021 and more than double his threshold in 2022.
“The site has a large quarry pit, sediment dam and water collection ponds, and is located close to Roumalla Creek and farmland used for grazing livestock.
“While there is no evidence of environmental harm from the activity, the Court agreed Mr Carlon’s actions were reckless and likely motivated by financial gain.”
The case was heard in Armidale Local Court, with Acting Judge Holmes convicting Mr Carlon and ordering him to pay $150,000 in fines and $40,000 for the EPA’s legal and investigation costs.
Operations at the site ceased after the EPA issued a Prevention Notice to the business in December 2022, requiring monthly water quality reports and measures to address sediment and erosion issues.
Mr Carlon may continue to operate the quarry if he extracts below 30,000 tonnes of gravel per year but must apply for an Environment Protection Licence if he intends to extract more.
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