Healthy Environment, Healthy Community, Healthy Business

Environment Protection Authority

EPA welcomes this year’s largest waste fine of $390,000 in Land and Environment Court

Media release: 23 September 2016

Businessman Phillip Foxman and his two companies, Botany Building Recyclers Pty Ltd and Foxman Environmental Development Services Pty Ltd, have been convicted and fined a total of $390,000 in the Land and Environment Court for six waste offences involving the unlawful transport, deposit and storage of at least 15,900 tonnes of waste material.

Mr Foxman was fined $250,000, Botany Building Recyclers was fined $40,000 and Foxman Environmental Development Services was fined $100,000.

The offenders were also ordered to pay the EPA’s investigation costs of $4,646, publish a notification of the offences in the SMH and Inside Waste Magazine, and remove the waste, from the site near Camden, within 90 days to a licensed landfill.

The offences occurred between September 2009 and April 2010 when Mr Foxman unlawfully transported at least 15,900 tonnes of processed waste containing asbestos from his Botany Building Recyclers operation in Banksmeadow to a property at The Oaks, near Camden.

The property, owned by Foxman Environmental Development Services, was not licensed as a waste facility and Mr Foxman had not obtained the appropriate approvals to deposit the waste at the site and did not comply with waste exemptions.

NSW EPA Chair and CEO Barry Buffier, said the result reinforced the importance of lawful disposal of waste material.

“In unlawfully transporting and dumping this waste, Mr Foxman has acted irresponsibly and put the health of the environment and community at potential risk I welcome the strong penalty imposed by the Land and Environment Court,” Mr Buffier said.

“This result should be a warning that flouting the law by engaging in  unapproved and unlawful waste activities will result in strong enforcement action.

“Waste licensing and regulations exist in NSW because it’s an important step in protecting the environment and the community.

“When waste is disposed of at a lawful licensed facility, environmental controls such as water, dust and asbestos monitoring are in place.

“Unlicensed disposal not only undercuts the legitimate waste industry but it also means that appropriate environmental controls may not be present.”


Contact: EPA Public Affairs

Page last updated: 23 September 2016