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Environment Protection Authority Victoria (EPA) has laid 39 charges against Monsbent Pty Ltd (trading as D&R Henderson) and a former company director.

The charges were laid under the Environment Protection Act 1970 and the Environment Protection Act 2017 following an investigation into the alleged discharge of odour, dust, airborne particles and Oxides of Nitrogen from its Benalla particle-board factory.

The charges allege that the company and its director committed 39 offences on various dates in May, June, July, August, September, October and November 2021; and April and June 2022.

The charges allege it breached the conditions of the licence it was issued by EPA.

The breaches involved allegedly discharging or emitting nuisance dust and/or nuisance airborne particles, odours and other substances beyond the boundaries of its premises located at 42 Benalla-Yarrawonga Rd Benalla, in a manner that was not permitted by that licence.

The alleged breaches are criminal offences under the legislation.

A Monsbent Pty Ltd spokesperson provided a response to the charges.

“Monsbent and David Henderson are surprised and disappointed that the EPA has launched prosecutions,” the spokesperson said.

“The Benalla site is operating in compliance with its EPA licence and has worked hard in recent times to improve relations with the closest neighbours.

“They are shocked that the EPA has publicised proceedings without providing any evidence in support of its claims.

“The EPA is aware that the business and its directors have done everything possible to achieve compliance and improve the environmental profile of the plant, including the recent approval by EPA of a Wet Electrostatic Precipitator (WESP), at a cost of several... million (dollars), which would bring the plant into world’s best practice.

“The purpose of these prosecutions seem purely punitive in nature, that is to punish simply for the sake of punishment.

“Monsbent believes that actions taken by EPA are disproportionate and in contrast to its own Enforcement Policy 1798.2.

“Environmental improvement projects have been resisted by EPA, projects that would have reduced Benalla site emissions many years ago.

“Monsbent continues to invest heavily in pollution abatement plant and procedures and has developed a close working relationship with the local community.

“There will be no choice but to defend the prosecutions and consider other legal action.

“A fuller answer will be provided if the EPA provides evidence to support the claims that it has made in the prosecutions.”

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