Wattle Range Council has welcomed a recent Environment, Resources and Development Court decision that reinforces the importance of complying with building development regulation requirements and directions by Council to protect public safety.
On 15 September 2026, the Court convicted an individual of undertaking development without approval and contravening an enforcement notice issued by Council.
The Court imposed a fine of $10,800, ordered payment of Council’s costs of $1,698, the applicable Victims of Crime Levy and Court fees. It also ordered the removal of vehicles by 31 December 2026.
The prosecution followed a lengthy compliance process relating to the former pulp mill site on Princes Highway near Millicent, where fire safety had been a concern of Council for several years.
In 2017, Wattle Range Council’s independent Building Fire Safety Committee required a report addressing emergency lighting, exit signage, paths of egress, firefighting equipment and fire separation. Council later inspected the premises and observed vehicles, vehicle parts and fluids being stored within the building, resulting in a further notice from the Committee and an enforcement notice from Council prohibiting the land be used as an auto wrecking yard or motor vehicle repair workshop.
Despite those notices, motor vehicle repair work was undertaken at the premises on 28 February 2026. During that work, a vehicle caught fire inside the building. Country Fire Service crews attended and extinguished the fire which was fortunately confined to the vehicle.
In sentencing, Senior Judge Durrant noted that while the absence of development approval was not established as the cause of the fire, the incident demonstrated the risks that the outstanding building and fire safety requirements were intended to address.
Wattle Range Council CEO, Ben Gower said the decision highlighted the importance of compliance with fire safety requirements and Council’s role in protecting the community.
“The incident demonstrated the very risks that the Council and its Building Fire Safety Committee were seeking to address,” Mr Gower said.
“Council invests significant time and resources into ensuring land and buildings are used lawfully, which is particularly important when there is a higher risk of incidents such as this.”
Mr Gower said Council works proactively with property owners to achieve compliance wherever possible, with prosecution generally considered only after attempts to resolve matters through inspection, engagement and enforcement have failed.
“While we always prefer to work cooperatively with property owners, this case demonstrates that Council is prepared to pursue enforcement where serious safety issues remain unresolved or directions are not followed.”
Council remains committed to working collaboratively with landowners and businesses to achieve compliance and ensure buildings throughout the Council area meet the standards required to protect occupants, emergency services personnel and the wider community.