Date of offence
Between 31 May 2019 to 13 June 2019.
Type of offence

1. Did pollute waters to make harmful to health at Kyneton from 11.06.2019 to 01.08.2019, contrary to s.39(1)(b).

2. Did cause an environmental hazard at Kyneton from 11.06.2019 to 01.08.2019, contrary to s.27A(1)(c).

3. Did disobey conditions of licence at Kyneton from 01.07.2018 to 30.06.2019, contrary to s.27(2).

4. Did disobey conditions of licence at Kyneton from 12.06.2019 to 08.08.2019, contrary to s.27(2).

5. Did disobey conditions of licence at Kyneton from 31.05.2019 to 28.06.2019, contrary to s.27(2).

Background of offense

Environment Protection Authority Victoria (EPA) successfully argued in Kyneton Magistrates' Court on 2nd March 2021 that Coliban Water must make a significant contribution to rehabilitating damage it caused when it discharged treated wastewater to the Campaspe River in breach of its EPA licence in 2019.

Coliban Water will pay $150,000 towards the rehabilitation project to the ecosystem of Snipes Creek, which is a tributary of the Campaspe River, and will also be placed on a two-year bond and pay costs of $10,000 to EPA.

In December 2020, at the Kyneton Magistrates' Court, Coliban Water pleaded guilty to EPA charges of causing or permitting an environmental hazard and pollution of waters. The Court also recorded convictions on those charges.

The Court agreed to adjourn the matter until 2 March 2021 to allow EPA to complete an evaluation process consistent with the Inspiring Environmental Solutions (IES) Guidelines which allows for Court-ordered community projects to be funded.

Magistrate Southey found that, taking prior offences into account, Coliban Water should contribute to the EPA's proposed program under the Environment Protection Act 1970.

Date of court hearing
2 March 2021
Date of court order
4 March 2021
Court magistrate
P R Southey
Court location
Kyneton Magistrates' Court
Proceeding number
K13061488

Court orders made

With conviction, Adjourned to Kyneton Magistrates' Court on 01/03/2023.

Accused released upon giving an undertaking starting on 02/03/2021.

Accused to be of good behaviour during the period of adjournment.

Coliban Region Water Corporation (Accused) ordered to pay costs in the amount of $10,000

s.67AC(2)(A) EP Act 1970 Publication Order.

s.67AC(2)(C) Order that Coliban Water pay $150,000 to the Biolinks Alliance project for the restoration of Snipes Creek, Edgecombe.

Stay until 01.06.2021 on the orders for costs and restoration work.

Reviewed 26 March 2021