Illegal Dumping on Rural Property - Recourse

Discussion in 'Legal Issues' started by Fantasticbaby, 1st Mar, 2019.

Join Australia's most dynamic and respected property investment community
  1. Fantasticbaby

    Fantasticbaby New Member

    Joined:
    19th Oct, 2018
    Posts:
    4
    Location:
    NSW
    Hi,

    Having an issue of constant illegal dumping of construction materials on a vacant rural property (3ha), including the possibility of small asbestos fragments on site. There is currently approx. 12 truckloads of material in total.

    The property is located in Western Sydney and is already the third instance of illegal dumping specifically on our property despite additional security measures this time (full border security fence, heavy duty chain and padlocks) and rubbish removed at our expense.

    The illegal dumper has gone to the extent of cutting our chain and padlocks and installing their own, in addition to a sign alerting of supposed surveillance. We are truly worried about our personal safety if this is the case as this would be breaking and entering private property?

    I've attached a photo of this as it suggests that this illegal dumping is organised and planned.

    We've spoken to some neighbours and they said it was definitely large commercial trucks coming and going but unfortunately did not record more specific details.

    Local Council is also of no help and is forcing us to clean up within extremely short periods of time while simultaneously charging $550 admin fees to send us a clean up notice.

    Have contacted EPA, OEH and will contact the police regarding the squatting and while we are currently consulting with an environmental lawyer and implementing additional security (surveillance, lighting, electric fencing, alarms), I was wondering if you had any advice on this matter as we feel quite helpless.

    Thanks in advance,
     

    Attached Files:

  2. Dean Collins

    Dean Collins Well-Known Member

    Joined:
    21st Feb, 2016
    Posts:
    982
    Location:
    New York
    Stoffo and Toon like this.
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,917
    Location:
    Australia wide
    To have recourse you will need to know who is dumping.
     
  4. willair

    willair Well-Known Member Premium Member

    Joined:
    19th Jun, 2015
    Posts:
    6,794
    Location:
    ....UKI nth nsw ....
    The one simple way is hire a D9 and cut a section into the entrance where they can't gain access all along the frontage..CCTV will not work in nth nsw where I have a small rural property they just lay a track of nails at the entrance that may not stop a truck but any 4x4 will only go in 100 mts and all 4 tyres will be flat ,unless their running runflats even then it will stop them..
    Go with the D9 even with the cost factor it will save you money in the short term..imho..
     
    Sackie likes this.
  5. Michael Mitchell

    Michael Mitchell Property Manager Business Member

    Joined:
    17th Sep, 2018
    Posts:
    1,385
    Location:
    Brisbane (Nundah)
    Is there a type of insurance policy to cover against this? So long as you have a police report number and you've taken steps as required in the policy eg. fencing/locks/signs, they should pay out less an excess perhaps so at least it's not your money being wasted?
     
  6. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    Can a vacant block really be insured?
     
  7. qak

    qak Well-Known Member

    Joined:
    1st Jun, 2017
    Posts:
    1,673
    Location:
    Sydney
    I don't understand this - it is your property?
    Put up your own surveillance cameras.
    Put a tent on the site so it appears someone is living there (you may need to tell council it is a deterrent).
    Park a car inside the gates so trucks can't get through. If you don't need access, some big concrete blocks.
     
    Propertunity likes this.
  8. Michael Mitchell

    Michael Mitchell Property Manager Business Member

    Joined:
    17th Sep, 2018
    Posts:
    1,385
    Location:
    Brisbane (Nundah)
    Until you've had to deal with this type of thing it's hard to appreciate the difficulties - dumping on private property, police don't give a ****, council is the same, it's a civil matter, again, cops are hopeless. The land owner is the one left having to fork out up front, even if successful, months-years trying to get money out of the culprit, it's a big costly problem if the waste is contaminated. And the people doing the dumping, they're the bottom end of society, not great to deal with because they don't care about the law...

    OP: If the land zoning permits, see if you can allow a farm shooter person to camp on site, 'vermin control' or whatever it is that's allowed for people to shoot on land etc. John Jarrat looking folk with a rifle on the shoulder walking around the lot is usually enough of a deterrent to stop trucks visiting...
     
    Last edited: 1st Mar, 2019
    Toon, TMNT and Propertunity like this.
  9. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    upload_2019-3-1_9-13-12.jpeg

    [​IMG]

    [​IMG]

    upload_2019-3-1_9-19-40.jpeg
     
    Dean Collins, Guest, MRO and 2 others like this.
  10. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,224
    Location:
    Sydney or NSW or Australia
    Bury a row of tyre spikes/tyre shredder across the entry point with a pressure sensitive spring loaded cover, they may get in, but they won't get away too quickly (not dangerous to pedestrian traffic, non-toxic to wildlife).

    Cameras/security has been mentioned but back to base GSM connection to alert you/security company. Proper branded signage at several locations on the street frontage may act as a deterrent.
     
  11. Fantasticbaby

    Fantasticbaby New Member

    Joined:
    19th Oct, 2018
    Posts:
    4
    Location:
    NSW
    Thanks for the suggestions everyone - think we'll just have to make it hard as **** to access + surveillance but really they will just be off to the next easiest target so take precautions if you have a similar situation.

    Like Michael Mitchell mentioned, the council and police don't do ****, which is why these criminals are so ballsy.

    The first dumper was stupid and left evidence, got caught and litigation by council/EPA and us led to their bankruptcy but we're still left to foot the bill ultimately.
     
  12. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,224
    Location:
    Sydney or NSW or Australia
    We had one of those, the dum(b)per left a box with an address label on it.
     
  13. MRO

    MRO Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    318
    Location:
    Perth
    Just pay a someone to return the rubbish to the offenders property. What is he going to do? You are just returning it.
     
    Stoffo and Terry_w like this.
  14. Stoffo

    Stoffo Well-Known Member

    Joined:
    14th Jul, 2016
    Posts:
    5,328
    Location:
    In the Tweed
    If you know where they live, just ring up a farm supplies company and have 12 tonne of chook/cow poo delivered o_O
    With instructions to just tip in the driveway in front of garage roller doors :p
     
  15. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Contact your council. State Govt has a RID team who will setup covert cameras. Today its your land but tomorrow its a reserve. Or a school etc. They are forensic in their approach back to cameras and tollways etc

    You can also hire infrared camera poles linked through mobile SIM. Many project builders have them on site now. Keeps them away. Google construction site camera. (Usually a pole 3 metres high)

    regional-illegal-dumping-squads
     
    lixas4 and Dean Collins like this.