Date of Offence
Type of Offence
Pollute waters (make harmful or potentially harmful to fish or other aquatic life) at Alphington on or about 08.06.07, contrary to s.39(1)(c).
Background of Offence
Remedial Action Taken by EPA
Date of Court Hearing
04 Dec 2007
Date of Court Orders
04 Dec 2007
Ms D. O’Reilly
Reasons for Prosecutions
Court Orders Made
Convicted and ordered pursuant to s.67AC of the Act:
1. To carry out a specified project as detailed below for the public benefit by paying a total sum of $80,000 within 30 days of the date of this Court Order to the following organisations:
Darebin Creek Management Committee Incorporated $46,000
South Alphington and Fairfield Civic Association Incorporated $34,000
2. The Defendant must provide the Informant with proof of the payment of the funds to the Informant within 40 days of the date of this Court Order.
3. The Defendant must provide the Informant with a report within 24 months of the date of this Court Order, that confirms that the payment has been received and was solely used for the purpose of undertaking the following projects (“the projects”):
Darebin Creek Management Committee Incorporated
This project has two aspects:
a. Drain Labelling within Darebin Creek Catchment: Drains will be marked with their discharge locations to aid rapid response to pollution reports within the catchment. The funding will enable existing drain markings to be made more durable and enable further drains to be marked. Cost - $20,000.
b. Stormwater Education in Schools within Darebin Creek Catchment: This program will reach 65 schools over a two-year period to educate students about local waterway issues including stormwater and local stream health. Students will have the opportunity to conduct water quality monitoring along their section of the Darebin Creek. Cost - $26,000.
South Alphington and Fairfield Civic Association Incorporated
Alphington Park Wetlands Revegetation Project: This project involves the revegetation of land uphill from Alphington Park Wetlands at the south end of Alphington Park, next to the Amcor Paper Mill, to create habitat for native animals between the park and the Yarra River corridor. This project will reduce erosion and reduce stormwater runoff. The local community will be involved and educated about local species through community planting days. Cost - $34,000.
4. The Defendant is prohibited from referring to this payment without reference to these proceedings.
5. Pursuant to section 67AC (2)(a) of the Act, the Defendant is ordered to publicise the offence, its consequences and the penalty and orders imposed by this Court by publishing a notice in relation to these proceedings.
6. The notice must:
(a) be in the wording specified in clause 9 below and must not be supplemented by additional text;
(b) be published within 7 days of the date of this Court Order;
(c) be published in the Early General News section of the following newspapers:
(i) The Australian Financial Review
(ii) The Age
(iii) Melbourne Times
(iii) Northcote Leader;
(d) be of a minimum size of 12 cm by 3 columns;
(e) contain the Defendant’s corporate logo.
7. The notice must also be displayed in the “news” section of the Defendant’s website for a period of 60 days.
8. The Defendant must provide the Informant with a copy of each publicised notice within 14 days of the date of the notice appearing.
9. [The wording of the notice was specified.]
10. Pursuant to section 67AC (2)(b) of the Act, the Defendant 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 Annual Report for the year 2007-2008.
11. The Defendant must provide the Informant with proof of the publication of the notice in accordance with clause 10 within 30 days of the publication of the Annual Report.
Page last updated on 19 Oct 2016