| Date of offence or contravention | Between 25 Jan 2009 and 25 Jan 2009 |
|---|---|
| Type of offence or contravention | Cause an environmental hazard at Yarraville on or about 25.01.09, contrary to s.27A(1)(c). |
| Background of offence or contravention | On 25 January 2009 pollution was discharged front the Yarraville premises of Swift Australia (Southern) Pty Ltd .The incident was the result of an ucontrolled clean-out out of animal effluent from under the sheep and cattle holding yards, with the effluent discharged into a stormwater drain that ultimately flowed into Stony Creek. Stony Creek flows through several small parks in Yarraville, then through West Gate Golf Course. |
| Date of court hearing | 15 December 2010 |
| Date of court order | 15 December 2010 |
| Judicial officer | M J. Bentley |
| Court and location | Sunshine |
| Proceeding number |
Court orders made
Without conviction, fined $10,000 and ordered pursuant to s.67AC:
- To carry out the project specified below for the restoration or enhancement of the environment in a public place or for the public benefit by paying $50,000 to the Brooklyn Residents Action Group Inc. by the date specified below.
- The payment must be used solely for the purpose of carrying out the following project.
Area: Brooklyn Federation Trail and D. N. Duane Reserve.
Locn: Between Geelong and Millers Rds, Brooklyn.
Summary: To develop a green open space area for use by all of the local community. The project will include tree planting and the installation of picnic facilities, culminating with a community planting day and celebration. The project aims to develop greater connections between the community and residents to their local environment.
Oversight: The project will be overseen by Hobson’s Bay City Council.
Due date: The payment is due on the 15th of March 2011. - Within 14 days of making the payment, the Offender must provide the Informant with proof thereof.
- The Offender is prohibited from referring to the payment or the project without referring to these proceedings.
- Pursuant to section 67AC(2)(a) of the Act, the Offender is ordered to publicise the offence, its consequences and the penalty and orders imposed by this Court by publishing a notice about these proceedings.
- The notice must contain the Offender’s corporate logo and be:
- in the wording specified in paragraph 9 below and not supplemented by additional text;
- of a minimum size of 12cm by 3 columns;
- surrounded by a continuous black border; and
- published within 60 days of the date of this Order in the Editorial section or the front part of the Early General News section of:
- The Age
- The Herald Sun.
- The Offender must provide the informant with a copy of each notice within 14 days of its publication.
[The wording of the notice was specified.]
Within 14 days of the this Order, Swift must display the above notice under a new heading, “Court case”, inserted on the Home page of the following website http://www.jbsswift.com.au/index.asp- between the existing headings “Home” and “About us”, and maintain that new heading plus the notice there for 60 continuous days.
Costs: $13,733.30
Updated