Date of offence
Between 23 Sep 2011 and 11 Nov 2011
Type of offence

Pollute waters and make poisonous, harmful or potentially harmful to fish or other aquatic life at Ascot on 23.09.2011, contrary to s.39(1)(c).

Pollute waters and make poisonous, harmful or potentially harmful to fish or other aquatic life at Ascot on 11.11.2011, contrary to s.39(1)(c).

Background of offence

Watsiana was issued with a Minor Works Pollution Abatement Notice requiring effective controls be implemented to stop sediment laden waters from being deposited or discharged beyond the site’s boundaries.

However, another pollution report came through, in November, again advising EPA that more turbid water was being pumped into Back Creek from the subdivision site.

A follow-up visit to the site confirmed an operating pump next to a sediment dam was discharging offsite into Back Creek, contravening the Minor Works Pollution Abatement Notice.

EPA officers further observed that although there was some form of sediment control measures in place at the site, it was not sufficient to stop sediment laden waters from being discharged into the creek.

Date of court hearing
28 January 2015
Date of court order
28 January 2015
Court magistrate
Mr P. Goldberg
Court location
Melbourne
Proceeding number
E13351520

Court orders made

Without conviction fined $20,000 for charge 1 and $27,500 for charge 3.

Costs: $11,223.44

Reviewed 13 March 2020