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Significant penalties imposed for unauthorised land use development

The Shire of Serpentine Jarrahdale has successfully prosecuted landowners and occupiers of a property in Oldbury for the unauthorised importation of building rubble and demolition waste.

15 August 2019
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In September 2018, investigations conducted by the Shire’s statutory enforcement officers, in conjunction with the Department of Water and Environment Regulation, determined that the demolition waste was being imported to Lot 102, 766 King Road, Oldbury, contrary to the Shire’s Rural Zone land use provisions.

Recently, the Shire successfully prosecuted the landowners and occupiers in the Armadale Magistrate’s Court for the unauthorised development, with fines and costs totalling more than $410,000 imposed against four parties.

The fines imposed include:

Party

Fine and costs

Landowner company, Kingroad Holding Pty Ltd

$136,200

Kingroad Holding Pty Ltd company director, Jian Ken Ming

$28,864

Company occupying land, Global Corp Enterprise Pty Ltd

$180,918

Global Corp Enterprise Pty Ltd company director, Nathan John Yusuf

$65,918

Shire President Michelle Rich said the penalties imposed signaled that unauthorised land uses which sought to compromise the environment and health of residents would not be permitted in the Shire.

“Unauthorised activities of this nature pose substantial risks to not only the character and amenity of the area but also potentially to the health and safety of surrounding neighbours and properties,” Cr Rich said.  

“Landowners should also be aware that in addition to substantial penalties being imposed by the courts, the property owners remain responsible for remediating the site which can incur considerable expense.”

At its July Ordinary Council Meeting, the Council resolved to issue a directions notice pursuant to section 214 of the Planning and Development Act 2005 to Kingroad Holding Pty Ltd and Global Corp Enterprise Pty Ltd requiring an environmental assessment report be carried out to determine how the site can be remediated safely.

The Shire will also write to the Minister for Water, Fisheries, Forestry, Innovation and ICT and Science advising the Department of Water and Environmental Regulation of the convictions in order to assist with ensuring the management and remediation of this site is carried out given the serious environmental and public health issues that exists.  

The Shire advises landowners that development approval needs to be obtained prior to the commencement of a development or works on a parcel of land.

Obtaining development approval allows Shire offices and referring agencies the opportunity to safeguard against risks associated with certain activities and ensures that the concerns raised by nearby residents can be considered during that process.

Landowners seeking further information or clarity can speak to a planning officer by phoning 9526 1111 or attending the Shire’s offices.