16/10/25: $47k fine over illegal storage of dangerous chemicals
An Adelaide transport company has been convicted and fined more than $47,000 over the illegal storage of a large quantity of dangerous chemicals.
TRG Transport Pty Ltd has pleaded guilty and sentenced in the South Australian Employment Tribunal on 10 October 2025 after a SafeWork SA investigation.
The incident occurred on 6 February 2023 when SafeWork SA Inspectors attended TRG Transport’s Wingfield depot.
The Inspectors found 11 ISO containers stored onsite which together contained 102,900 litres of the pesticide dichloropropene and 13,200 litres of the fumigant chloropicrin.
The chemicals are prescribed dangerous substances of which the maximum amount that can be stored without a licence is 1200 litres of dichloropropene and 250 litres chloropicrin.
TRG Transport did not have the required licences under the Dangerous Substances Act.
The SafeWork SA investigation found the chemicals had been stored on-site for several months and there were:
- no signage warning of dangerous substances
- no evidence of any controls being in place to prevent or contain spills
- no impact project, no additional security to restrict access
- no adequate emergency plan to manage the risks of storing the prescribed dangerous substances at the workplace
- no adequate training of workers in the risks of storage of dichloropropene and chloropicrin
- no engagement with emergency services about the storage of the chemicals.
The accidental release of the chemicals into the atmosphere could have posed a significant risk to health, depending on the quantities and concentration, or could have ignited.
The chemicals were subsequently safely removed to a licenced facility.
TRG Transport’s director Giuseppe Antonio Musolino met with SafeWork SA officers where he admitted the offending and fully co-operated with the investigations.
TRG Transport Pty Ltd was charged under section 11 and 14 of the Dangerous Substances Act 1979, over its breach of duties around the storage and transportation of the prescribed dangerous substances as well as its failure to hold a licence.
In his sentencing remarks, Deputy President Judge Gilchrist said although the likelihood of an incident occurring was small, “had the risk materialised there could have been significant damage to persons and to the environment”.
“The offences were not flagrant or motivated by greed but occurred because of a lack of knowledge as to the applicable legal obligations occasioned by naivety or carelessness,” Judge Gilchrist said.
“TRG Transport is entitled to considerable credit for its prior good record, its co-operation with SafeWork SA, its genuine remorse, and its commitment to future compliance.”
Judge Gilchrist convicted TRG Transport and fined them $42,000 for its breach of section 11 of the Dangerous Substances Act and $5600 for breaching section 14 of the Act.
He ordered the company pay $1210 towards the prosecution’s legal costs and a $424 Victims of Crime Levy.
Attribute to SafeWork SA Executive Director Glenn Farrell:
The case sends a warning to businesses who are involved in storing or transporting dangerous substances about their obligations to act responsibly,and be fully aware of the products they are in possession of.
A business must have the required licences and a robust system in place to meet their obligations under the Dangerous Substances Act, so not to put people or the environment at risk of harm.