Investigation of Illegal Filling Works, The Oaks, NSW

Martens and Associates were engaged by Wollondilly Shire Council to act as an independent expert to investigate an unauthorised filling operation at The Oaks, NSW.

Martens and Associates were engaged by Wollondilly Shire Council to act as an independent expert to investigate an unauthorised filling operation at The Oaks, NSW. The case proceeded to the NSW Land and Environment Court (LEC).

The site contained two areas of extensive, unauthorised filling with a total estimated volume of 17,000m³. Unauthorised fill material consisted of crushed building material waste that had failed batch controls at a recycling facility. The material contained various contaminants detrimental to human and environmental health including asbestos (bonded and friable), PAH and heavy metals.

Project scope included:

• Investigate unauthorised fill material to determine depth, extent and quality via test pitting and borehole investigation methods
• Assess fill material against current waste classification and recycled product exemption guidelines
• Assess filling and regrading works undertaken within site watercourses
• Liaise with Council and legal team regarding human health and environmental impacts of unauthorised works
• Provide expert witness testimony during LEC proceedings against the Plaintiff