Mr Andrew Lloyd Hughes and earthmoving business ANT Civil Pty Ltd have been found guilty in the NSW Land and Environment Court for six offences relating to the dumping of more than 73,000 tonnes of asbestos contaminated waste at a property and adjoining road at Wheeny Creek.
A prosecution brought by the NSW Environment Protection Authority (EPA) has proven that Mr Hughes knowingly transported building waste containing asbestos to the sites between September 2020 and June 2022.
A NSW EPA spokesperson said this case is the culmination of a detailed investigation into the actions of Mr Hughes and ANT Civil Pty Ltd, including executing multiple search warrants, sampling and surveillance.
“We are pleased the Court agreed with our assertion that the defendants were using the Wheeny Creek property as an unlawful tip or waste facility,” the EPA spokesperson said.
“By knowingly transporting and spreading asbestos contaminated fill, the defendants caused significant land pollution and also failed to comply with our legal directions to clean up and remediate the site.”
The company ANT Civil Pty Ltd was found guilty of an offence under the Protection of Environment Operations (POEO) Act for causing building and asbestos waste to be transported to the property.
For this offence, the Court may impose fines of up to $2,000,000.
Mr Hughes was found to have management and control of ANT Civil Pty Ltd and was responsible for its actions, despite the business being registered under his wife’s name.
He was also found guilty of four further offences under the POEO Act including:
- Two charges for causing the property and access road to be polluted with asbestos waste
- One charge for using the property as a waste facility without lawful authority
- One charge for failing to comply with a Clean Up Notice
For the additional offences above, the Court may impose combined maximum fines of up to $2,250,000.
The proceedings are next listed on 14 August 2026 to set a date for sentencing.
This follows a recent prosecution of the defendants in Liverpool Local Court for pollution offences in Thirlmere and Rossmore: Sydney man and company to pay $335,000 for land pollution | EPA
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