Court orders made

With conviction, ordered pursuant to s.67AC of the Act as follows.

1) Pursuant to s.67AC(2)(c) of the Environment Protection Act 1970 (“the Act”), AIR LIQUIDE AUSTRALIA LIMITED (“the Defendant”) is ordered to carry out two specified projects as detailed below for the public benefit by paying the sums of $49,840 to the Moonee Ponds Coordination Committee Inc (ABN 64 230 852 602) and $16,800 for the benefit of the Friends of Steele Creek Inc to the Moonee Valley City Council (ABN 54 651 216 324) within 28 days of the date of this Court Order.

2) The payment to the Moonee Ponds Coordination Committee Inc must solely be used for the purpose of undertaking the following project (“project 1”):
Creek Crusaders Education Program

The project provides for the design, production and implementation of an environmental education program for school students from approximately 40 schools within the Moonee Ponds Creek Catchment. 

The project will create and present a resource education kit for implementation, to school students from grade 5/6 through to grade 10.  The program will be a complete one year environmental program that will feature different activities and topics for each school month covering topics such as stormwater, water conservation, water testing, rainfall, pollution (water, air, soil), macro-invertebrates and habitat surveys.  The focus will be on Moonee Ponds Creek catchment and what processes can affect the creek and its environment.

The project involves employment of a person who has education qualifications and an environmental background, to create education kits that are able to be linked into the school Curriculum framework to ensure teachers can easily identify and integrate this program into their teaching year.  In the first year, this person will assist teachers to run the program.  After the first year, teachers will be able to continue the program as an annual education component for their students.  The education program will be made available on the Moonee Ponds Coordination Committee Inc’s website.

3) The payment to the Moonee Valley City Council for the benefit of the Friends of Steele Creek Inc must solely be used for the purpose of undertaking the following project (“project 2”):

Spring Gully Reserve Grassland Revegetation Project

The project is to develop feature grassland that displays a diverse array of native and indigenous grassland species in Spring Gully Reserve, Keilor East.  The project is to be implemented by the Friends of Steele Creek Inc and the Moonee Valley City Council.

The project involves activities including site cultivation and initial weed eradication, propagating seed and obtaining locally indigenous stock for planting in the grassland, planting the grassland to replicate the densities and clumping of an indigenous grassland, preparing and installing interpretative signage as an educational resource for parkland users, and maintaining the grassland on a regular basis for weed removal and plant reproduction.

The revegetated grassland will help protect and enhance the remnant vegetation, and as it is located on land adjacent to Steele Creek and below a grassed escarpment it will help to filter stormwater runoff moving down the slope before it reaches Steele Creek.

4) Within 14 days of payment, the Defendant must provide the Informant with proof of the payments made to the Moonee Ponds Creek Coordination Committee Inc and the Moonee Valley City Council (as referred to in paragraph 1 above).

5) The Defendant is prohibited from referring to these payments without reference to these proceedings.

6) 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.

7) The notice must:
(a) be in the wording specified in clause 10 below and must not be supplemented by additional text;
(b) be published within 14 days of the date of this Court Order;
(c) be published in the Early General News section of the following newspapers:
(i) The Brimbank Leader;
(ii) The Sunshine Star – part of the Star News Group;
(iii) The Age;
(iv) The Australian; and
(v) The Financial Review.
(d) be of a minimum size of 12 cm by 3 columns;
(e) have a continuous black border surrounding the text; and
(f) contain the Defendant’s corporate logo.

8) The notice must also be displayed in the “About Air Liquide” section of the Defendant’s website, http://www.airliquide.com.au for a period of 14 days.

9) The Defendant must provide the Informant with a copy of each publicised notice within 7 days of the date of the notice appearing.

10) [The wording of the notice was specified]

Costs: $10,000