BUILDER Thomas Hughes bought a Sandy Hollow property in his 16-year-old grandson's name in 2013 while his company, Thomas Paul Constructions, was building about 300 homes per year in the Hunter and Central Coast.
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Eighteen months later the NSW Environment Protection Authority received the first of two calls to its environment hotline alleging demolition waste dumping on an industrial scale at the Wybong Road site.
Mr Hughes will pay at least $1.7 million in remediation costs to remove nearly 5000 tonnes of demolition waste, and $150,000 in fines and penalties, after pleading guilty to two criminal charges of using the Sandy Hollow property as an unlawful waste dump.
Mr Hughes' offending was "planned...premeditated and deliberate" and the dumping was committed for financial gain, NSW Land and Environment Court Justice Rachel Pepper said in a decision this week.
"Mr Hughes was aware that he was 'doing the wrong thing' by using the premises as a waste facility," Justice Pepper said.
"The offence was committed knowingly, to avoid the cost of lawful disposal."
Mr Hughes' grandson had no source of income when the property was bought in his name. Justice Pepper found the teenager "did not have any actual involvement in the purchase of the premises or in the commission of the offences".
The teen did not live on the 75 hectare property while Mr Hughes was "at all relevant times the occupier of the premises", Justice Pepper said.
The dumping is alleged to have occurred over more than a year in 2013 and 2014, with Mr Hughes directing truck drivers to carry demolition waste from his Tuggerah headquarters to Sandy Hollow, 180 kilometres away, where the waste was dumped in deep holes dug at three locations.
Experts estimated at least 5000 tonnes of demolition waste was dumped in the holes dug by employees under Mr Hughes' direction so the company could avoid tipping fees and levies estimated at more than $1 million.
A substantial increase in tipping fees and levies, bringing the estimated cost of removing the waste to more than $1.7 million, was "the price he must pay to comply with his legal obligations" under environmental legislation, Justice Pepper said.
She ordered Mr Hughes to pay for advertisements in three publications, including the Newcastle Herald, detailing the convictions within 28 days of her judgment.
