A dairy processing company will pay Victoria’s environmental watchdog $650,000 plus $30,000 in costs over three industrial spills, after a first of its kind Supreme Court civil case.

The spills that threatened a creek and wetland were breaches of the General Environmental Duty (GED), a part of the Environment Protection Act 2017 that makes it everyone’s responsibility to take reasonable steps to prevent pollution.

The case is a first of its kind, EPA elected to pursue a civil penalty proceedings and seek a significant civil penalty, sufficient to deter potential offenders from failing to meet their environmental obligations.

EPA accused Lactalis Australia Pty Ltd of permitting three spills from its plant on Wellington Rd, Rowville. The liquids were waste from the making of dairy products and included milk, milk ingredients, cream residues, and wastewater contaminated with cleaning products.

The spills on 21 December 2021, 2 February 2022 and 19 January 2024, allowed the industrial waste into stormwater drains that connect to Corhanwarrabul Creek and Tirhautuan Wetlands in Rowville.

The spills risked sending harmful substances into the wetlands and creek, including liquids liable to contain organic, nitrogen, phosphorous, alkaline, salt, caustic, and ammonia-like substances.

The risk of harm from the first two spills was minimised by cleanups arranged by Melbourne Water, the third spill was comparatively minor, and EPA Victoria’s scientific testing did not identify any evidence of harm to the creek and wetlands.

Lactalis admitted it failed to manage the risks of environmental harm occurring so far as reasonably practicable, and has since made improvements to the stormwater and wastewater systems on its Rowville site.

The Supreme Court ordered the company to publish the details of its offences and the penalty on their website.

EPA CEO Lee Miezis said the case and the result should act as a deterrent to for others failing to take reasonable steps to prevent pollution and the risk of harm from their activities.

“EPA is committed to protecting human health and the environment by reducing the harmful effects of pollution and waste. The use of civil penalty proceedings is an additional method of ensuring businesses meet their obligations,” he said.

Members of the public can report pollution by calling EPA’s 24-hour hotline on 1300 372 842 or providing details online at epa.vic.gov.au/report-pollution/reporting-pollution