Date of offence
Between 02 Feb 2009 and 27 Feb 2009
Type of offence

Cause waste to be discharged onto a dry bed of a waterway in circumstances where if the waterway had contained waters the discharge would be likely to result in those waters being polluted, at Castlemaine on 02.02.2009, contrary to s.39(4).

Did pollute land so that the condition of the land was so changed as to make the land unduly offensive to the senses of human beings, at Castlemaine on 27.02.2009, contrary to s.45(1)(e).

Date of court hearing
16 April 2010
Date of court order
16 April 2010
Court magistrate
Mr R. Wright
Court location
Castlemaine
Proceeding number
Y03060442

Court orders made

Without Conviction and ordered pursuant to s.67AC Order:

1. To carry out a specified project as detailed below for the public benefit by paying the sum of $60,000 to Mt Alexander Sustainability Group Inc within 30 days of the date of this Court Order.
2. The payment must be used solely to contribute to the following project:
Pathway to a Sustainable CO2 Future
This project will work with the Mt Alexander Sustainability Group Inc network to reduce household resource use.  Specifically the project will deliver:
• education materials on environmental awareness and sustainable, low CO2 living
• a speaking program targeted at stakeholders seeking program participation
• a pre-program audit and action plan for all participants
• practical assistance to participants via training sessions
• follow-up assessment and evaluation after 6 months
• a program guide for other groups who would like to replicate the project
• an evaluation report at the conclusion of the program
• an awards ceremony for participants who successfully meet their own sustainability goals.
3. Within 7 days of making the payment of $60,000, the Accused must provide the Solicitor to the Environment Protection Authority with proof of the payment.
4. The Accused is prohibited from referring this payment without reference to these proceedings.
5. Pursuant to section 67AC(2)(a) of the Act, the Accused is ordered to publicise the offences, their consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
6. The notice must contain the Accused’s corporate logo and be:
(a) in the wording specified in clause 9 below and must not be supplemented by additional text;
(b) published within 30 days of the date of this Court Order in the Editorial section or the front part of the Early General News section of the following newspapers:
(i) The Australian Financial Review;
(ii) The Age;
(iii) The Herald Sun;
(iv) The Castlemaine Mail; and
(v) The Bendigo Advertiser;
(c) Of a minimum size of 12cm by 3 columns; and
(d) Surrounded by a continuous black border.
7. The Accused must provide the Solicitor to the Environment Protection Authority with a copy of each published notice within seven days of its publication.
8. Within 14 days of the date of this Order, the Accused must post the notice on its website home page (http://www.gwf.com.au/) and maintain it there for 90 consecutive days.
9. [The wording of the notice was specified].
10. Pursuant to section 67AC(2)(b) of the Act, the Accused is ordered to notify its shareholders of the offence, its consequences and the penalty and orders imposed by this Court by publishing the notice, in the terms, style, size and format set out in clause 9 above in its next Annual Report.
11. The Accused must provide the Solicitor to the Environment Protection Authority with proof of the publication of the notice in accordance with clause 9 within 30 days of the publication of the Annual Report.

Costs: $10,000

Reviewed 13 March 2020