2.7 Burying of Plastic Waste
The inspection revealed that waste, primarily plastic, has been buried at the rear of the
property. When waste is disposed of inappropriately it can result in environmental
pollution, especially when plastic leaks into oceans where harms aquatic wildlife
(Queensland Government, 2021c). Incorrect waste disposable also attracts flies,
cockroaches and rats which spread disease to humans (Australian Government Department
of Health, 2010a).
Waste can be considered under the PHAct as a public health risk when it is likely to become
a breeding ground or source of food for designated pests (s.11(1)(a)) or has the potential to
contribute to disease in humans (s.11(2)(b)(v)). However, given mainly plastic has been
buried, the concern is predominantly related to the environment.
The plastic is likely to pollute the nearby creek which enters the Logan River. As per S.1 of
the Environmental Protection (Water and Wetland Biodiversity) Policy 2019, the
environmental values of the Logan River are listed in the Logan River Environmental Values
and Water Quality Objectives (Department of Environment and Resource Management,
2010). These values include aquatic ecosystems (Department of Environment and Resource
Management, 2010). As plastic is harmful to the aquatic ecosystem, Mr Brown is adversely
affecting an environmental value and causing environmental harm (EPAct s.14(1)). He is
therefore not taking reasonable measures to prevent environmental harm and therefore
not complying with his ‘general environmental duty’ (EPAct, s. 319(1)).
This issue can also be considered under WDRC Local Law No. 8 (Waste Management) 2018
(LLaw8). Under s.7(1)(a) of LLaw8, the occupier of a premises must store general waste
produced on the premises in a standard general waste container. By burying the waste, Mr
Brown is contravening this local law as seen in Appendix B (Table 7).
Recommended Action:
As the EHO is satisfied on reasonable grounds that Mr Brown is contravening a local law, it is
recommended a compliance notice is issued under s.26 of LLaw1 (Appendix F). Education
regarding general environmental duty should be provided. The considerations for
recommending this course of action can be seen in Appendix C (Table 7).