Date of offence
Between 22 Jun 2011 and 21 Sep 2011
Type of offence

Pollute atmosphere so that the condition of the atmosphere was so changed as to make or be reasonably expected to make the atmosphere offensive to the senses of human beings, on or about 22 June 2011, contrary to s.41(1)(a).

Pollute atmosphere so that the condition of the atmosphere was so changed as to make or be reasonably expected to make the atmosphere offensive to the senses of human beings, on or about 23 June 2011, contrary to s.41(1)(a).

Pollute atmosphere so that the condition of the atmosphere was so changed as to make or be reasonably expected to make the atmosphere offensive to the senses of human beings, on or about 21 September 2011, contrary to s.41(1)(a).

Background of offence

On 22 June 2011, EPA received 13 complaints from nearby residents complaining about offensive odours coming from the Australian Tallow Producers (ATP) site in Brooklyn which operates a rendering facility and manufactures tallow from mixed abattoir material.

The next day, on 23 June 2011 and later on 21 September 2011, EPA received similar complaints.

The reports were back up by an EPA officer who visited the area on 22 June 2011 and reported a strong offensive odour comprising of a mixture of 'manure, blood, bone and tallow' coming from ATP's premises.

Subsequent visits by EPA officers on 23 June 2011 and 21 September 2011 also confirmed this.

Date of court hearing
24 November 2015
Date of court order
21 December 2015
Court magistrate
Ms D. Livingstone
Court location
Melbourne
Proceeding number
201415065

Court orders made

Convicted and 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 place or for the public benefit by paying the total sum of $200,000 to the Hobsons Bay City Council.

2.    The payment must be used solely to carry out the following project:

 2010 Brooklyn Reserve Master Plan – Stage 3

The purpose of this project is to prepare the detailed design and construction of a destination play space, informal recreation zone and planting of deciduous, evergreen, native and orchid trees.  Stage 3 of the project will enable the Council to deliver to the Brooklyn community improvements to the local environment by upgrading the reserve area.

The project will entail the following:

  • Design of the play space and informal recreation zone.
  • Constructions of the play space and informal recreation zone including purchase of the play equipment, demolition works of existing play equipment, construction of drainage and plumbing, civil works (paving installation, rubber matting etc), park furniture.
  • Planting of approximately 40 trees and hydro seeking recreation zone and soil preparation.

The Accused will pay $200,000 to Hobsons Bay City Council.

3.    Within 1 month of making payment of $200,000 the Accused must provide the solicitor to the Environment Protection Authority with proof of the 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:

        (a)      In the wording specified in clause 9 below and must not be supplemented by additional text;

        (b)      Published within 30 days of the date of this Court Order in the Editorial section or the front part of the Early General New section of the following newspapers:

                    (i)       The Australian Financial Review;

                    (ii)      The Age;

                    (iii)     The Herald Sun;

                    (iv)    The Star Weekly; and

                    (v)     Brimbank Leader;

    (c)      Of a minimum size of 12cm by 3 columns; and

    (d)      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.    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.

Reviewed 12 March 2020