FRESH CHARGES FOR LARA DUMP BOSS:

EPA claims former owner failed to comply with clean-up orders

THE former owner of a troubled Lara tip has been slapped with new charges from the state’s environmental watchdog.

David McAuliffe was not in Geelong Magistrates’ Court yesterday, where it was revealed four charges had been laid against him and C&D Recycling, the firm he operated until it went into liquidation last year.

The Environment Protection Authority alleges Mr McAuliffe twice failed to comply with a clean-up notice at the Broderick Rd site in December 2017.

The court hearing yesterday came on the same day Mr McAuliffe was scheduled to be sentenced for similar charges laid by the City of Greater Geelong.

In November, the Indented Head man pleaded guilty to nine criminal charges after he failed to comply with orders by the Victorian Civil and Admin- istrative Tribunal. Those orders required Mr McAuliffe to have a range of equipment at the recycling plant, including an excavator and 4000-litre water truck.

He was found to be in breach of the orders on three separate days in March and April last year.

During the November court hearing, the Country Fire Authority said Mr McAuliffe had increased the risk of a “catastrophic” fire at the site because he didn’t want to pay for safety equipment any longer.

CFA operations officer Pat Geary said Viva Energy, road and rail authorities, Avalon Airport, the prisons at Lara, Geelong Grammar School and the Port of Geelong were all forced to plan for potential shutdowns on the chance the site might ignite.

The City of Greater Geelong has been pushing for a jail term on those charges, but yesterday’s sentencing was delayed until February 1 because of the absence of the relevant magistrate.

A submissions hearing will be held three days later on the EPA charges, with a decision to be made on whether a company in liquidation can face prosecution, and if the case should be referred to the Federal Court.

The court heard Mr McAuliffe has asked for the new case to be adjourned to March so he could seek legal advice.

But magistrate Michael Coghlan chose to set the case down for February 4, indicating the case could be resolved without the accused.

“If he wants to be heard, he should be here,” Mr Coghlan said.

“If he wants to be heard, he should be here.” MAGISTRATE COGHLAN ON DAVID MCAULIFFE ( PICTURED)