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[2004] VCAT 2176
defendant. The original enforcement order dated 12 July 2004 was discharged and replaced with a staged enforcement order requiring: (1) commencement of removal of metal-containing scrap materials (excluding...
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VCAT replaced an earlier enforcement order that Mr Munter had failed to comply with, setting out a new detailed timetable for him to remove scrap metal and other materials from his Warburton property using free skips provided by a recycling company. The Tribunal noted that despite goodwill shown to him and offers of help, Mr Munter had made no real progress in cleaning up his land over three months.
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1 The enforcement order dated 12 July 2004 is discharged and replaced with the following order.
2 No later than Thursday 11 November 2004, Mr Noel Munter must have commenced removal from the subject land of all used and/or scrap materials containing metal into a skip(s) provided free of charge in his driveway by Ranges Recovery Recycling Pty Ltd, with the exception of gas cylinders, the rubber portion of tyres, computer monitors, televisions and television tubes.
3 This matter is listed for administrative mention on 18 November 2004 for the Responsible Authority to notify the Tribunal, with a copy to Mr Munter, whether Mr Munter has commenced filling the skip(s) mentioned above.
4 No later than 20 January 2005 the computer monitors, television and television tubes, electrical wiring, scrap furniture, computer hard drives, electrical boards and anything containing copper must be placed by Mr Munter into a different skip(s) provided free of charge by Ranges Recovery Recycling Pty Ltd, which skip he must allow to be placed in his driveway, which Ranges Recovery Recycling Pty Ltd will then remove to MRI Australia Pty Ltd in Campbellfield for recycling.
5 No later than 20 January 2005 Mr Munter must place all tyres in a pile in his front yard (but not in his driveway) for removal free of charge by DSC Innovations.
6 No later than 20 January 2005, all remaining scrap material containing metal must be removed by Mr Noel Munter from the subject land.
7 After 20 January 2005 a directions hearing must be listed by Registry for February 2005 to consider the next stage or wording of the enforcement order.
1 Unfortunately, the goodwill originally shown Mr Munter between 12 May and 12 July 2004, was not continued. Mr Munter failed to contact Ranges Recovery Recycling Pty Ltd to allow them to place a skip into his driveway in these intervening three months to todays date.
2 Mr Munter used the state of disrepair of his red Datsun sedan as well as his own vehicle, to justify delays in moving vehicles from his driveway, even though they could have been manually moved and help to move them was offered to him.
3 Further, Mr Munter showed me receipts for monies he received from AA Recyclers for some of his metal containing material, but no substantive dent has been made in his clean up or in the state of his land.
Yarra Ranges SC
Munter [2004] VCAT 2176
The original enforcement order dated 12 July 2004 was discharged and replaced with a staged enforcement order requiring: (1) commencement of removal of metal-containing scrap materials (excluding specified items) into skips by 11 November 2004; (2) placement of computer monitors, televisions, tubes, electrical wiring, furniture, hard drives, electrical boards and copper-containing items into separate skips for recycling by 20 January 2005; (3) placement of all tyres in front yard pile for removal by 20 January 2005; (4) removal of all remaining scrap metal by 20 January 2005; with administrative mention on 18 November 2004 and further directions hearing in February 2005.