Date of offence
On or about 05 Nov 2019
Type of offence

Charges:

1. Did pollute waters and make poisonous to animals at Williamstown on or about 05.11.2019, contrary to s.39(1)(c).

2. Did cause an environmental hazard at Williamstown, on or about 05.11.2019, contrary to s.27A(1)(c).

Background of offence

Boral operate an asphalt depot and storage facility at 91 Champion Road, Williamstown where there is a tank farm. The tanks hold various types of hydrocarbons used in the asphalting process.

On 5 November 2019 EPA responded to pollution reports of an oily substance in Paisley Drain, Williamstown, and of asphalt-like odour. The black oil like substance was traced to a section of stormwater pipe on Park Crescent connecting to the Boral premises. EPA officers then attended the Boral premises and inspected it. Boral was unaware of the pollution until informed of it by the EPA officers during the inspection.

Boral commenced clean up of the pollution on 6 November 2019 in accordance with a verbal direction by the EPA. The EPA later issued Boral with a minor works pollution abatement notice and a clean up notice, both of which were complied with by Boral.

The Melbourne Magistrates' Court supported an EPA recommendation that Boral Resources (VIC) Pty Ltd fund two environmental projects worth $50,000 each.

The comany entered a plea of guilty on each charge. The court recorded no conviction and agreed to EPA's recommendation that an order to fund environmental projects would be appropriate in place of a fine.

The two projects involve an investigation of Aboriginal cultural values associated with the area, and protection and revegetation work for the Paisley Challis wetlands.

Date of court hearing
1 December 2021
Date of court order
1 December 2021
Court magistrate
R E Falla
Court location
Melbourne
Proceeding number
M11142133

Court orders made

Pursuant to s.67AC(2)(c) of the Environment Protection Act 1970, Boral Resources (VIC) Pty Ltd (the Corporate Accused) is ordered to carry out specified projects, as detailed in the Appendix to this order, for the restoration or enhancement of the environment in a public place by paying the sum of $50,000 to each of the projects listed in the Appendix to this order.

The payments of $50,000 are to be made within 30 days of today (01.12.21).

Reviewed 3 October 2023