FCL Interstate Transport Service Pty Ltd (ACN 007 429 567)

Date of offence or contraventionBetween 11 Jun 2009 and 11 Jun 2009
Type of offence or contraventionPollute waters and make harmful to animals at West Melbourne on 11.06.09, contrary to s.39(1)(c).
Background of offence or contraventionOn 11 June 2009, drilling works at FCL Interstate Transport Services Pty Ltd.'s West Melbourne premises led to the rupture of an underground water main, causing an underground waste oil tank to overflow with water and oil. The oily water mix flowed across FCL’s yard and into stormwater drains and the nearby Yarra river. The EPA investigation was not able to establish the exact amount of oil that escaped the premises. However, approximately 2250 litres of oily water had to be vacuumed from the river during clean-up.
Date of court hearing23 November 2012
Date of court order23 November 2012
Judicial officerMr L. Hill
Court and locationMelbourne
Proceeding number

Court orders made

Without conviction, ordered pursuant to s.67AC:

  1. To carry out a specified project as detailed below for the restoration or enhancement of the environment in a public plae or for the public benefit by paying the sum of $75,000 to Moonee Valley City Council, within 30 days of the date of this Court Order.
  2. The payment must be used solely to carry out the following project:
    • Afton Street Reserve Habitat Enhancement - $75,000
    • The purpose of this project is to:
      • Improve the conservation values of Afton Street Reserve’s high priority vegetation patches by eradicating weeds, including Boxthorn, Chilean Needle Grass, Serrated Tussock, Thistles and St John’s Wort. The project also involves the establishment of a wildflower rich patch of native grassland, community education and guided tours.
      • ‘Friends of Afton Street Reserve’, ‘Friends of Maribyrnong River’ and ‘Conservation Volunteers Australia’ are key partners in the Project, and will be involved in the various weeding, planting and seeding activities.
      • The accused will pay $75,000 to the Moonee Valley City Council.
  3. Within 7 days of making the payment of $75,000, the Accused must provide the Solicitor to the Environment Protection Authority with proof of payment.
  4. The Accused is prohibited from referring to this payment without reference to these proceedings.
  5. Pursuant to section 67AC(2)(a) of the Act, the Accused is ordered to publicise the offence, its 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 and the Environment Protection
    Authority’s corporate logos and be:
    • In the wording specified in clause 9 below and must not be supplemented by additional text;
    • 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:
      • The Australian Financial Review
      • The Age
      • The Herald Sun
      • Melbourne Times Weekly
      • Melbourne Leader
      • Of a minimum size of 12cm by 3 column
      • 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. [The wording of the notice was specified].
  9. 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 6 above in its next Annual Report.
  10. The Accused must provide the Solicitor to the Environment Protection Authority with proof of the publication of the notice in accordance with clause 6 within 30 days of the publication of the Annual Report.

Costs: $14,895.

Updated

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