Fertiliser producer Neutrog has been convicted and fined after pleading guilty to environmental offences stemming from long-running odour issues affecting communities in the Adelaide Hills.
The Environment, Resources and Development Court convicted the company on one count of intentionally or recklessly causing an environmental nuisance and two counts of breaching conditions of its Environment Protection Authority (EPA) licence.
The offences related to an odour nuisance affecting the townships of Kanmantoo and St Ives, stockpiles exceeding the permitted three-metre height limit, and the acceptance of almost 40 tonnes of unauthorised waste coffee grounds.
Senior Judge Michael Durrant said licensed operators have a responsibility to operate within the conditions of their environmental approvals.
“The nuisance impacted a community entitled to expect better from an experienced and sophisticated operator entrusted with an authorisation,” Senior Judge Michael Durrant said.
He described the offending as “objectively mid to serious” and said environmental nuisance caused by odour could have a significant impact on people’s lives.
“Environmental nuisance harms the community and detracts from general amenity and the enjoyment of property. Environmental nuisance is no less real because it is caused by odour. Odour can be pervasive. It can enter homes, workplaces and recreational areas. It can interfere with the ordinary activities of daily life.”
Neutrog has been ordered to pay a $35,000 fine, prosecution and court costs, along with a Victims of Crime Levy.
EPA Director of Compliance, Circular Economy and Investigations Steven Sergi said the prosecution followed a detailed investigation.
“The case serves as a reminder that all EPA licensed businesses must comply with their environmental approvals,” Steven Sergi said.
“Our role as the environmental regulator is to monitor compliance with those approvals and to take action where we find non-compliance.”
Mr Sergi also thanked residents of Kanmantoo, Callington and St Ives who reported odour incidents during the investigation.
“Senior Judge Durrant has sent a strong message in his sentencing remarks. Companies who undertake prescribed activities of environmental significance are under a heavy obligation to the community to conduct those activities with care.
“The EPA emphasises the importance of compliance with environmental laws to protect the community and the environment.”
The EPA said it will continue regular inspections of the Kanmantoo site to ensure compliance with licence conditions and the Environment Protection Act.
The conviction follows years of complaints from residents about odour from the facility, with community members raising concerns about its impact on daily life as the business has continued to expand.
The court outcome remains subject to a 21-day appeal period.
