Date of offence
Between 11 Sep 2002 and 12 Sep 2002
Type of offence
Pollute waters (make potentially harmful to birds, fish or other aquatic life) at Footscray between 11.09.02 and 12.09.02, contrary to s.39(1)(c) and s.39(5) of the Act.
Date of court hearing
27 February 2004
Date of court order
27 February 2004
Court magistrate
Ms Wakeling
Court location
Sunshine

Court orders made

Without conviction, ordered pursuant to s.67AC of the Act;

1. To carry out a specific project for the public benefit by paying, within 30 days of the date of the court order, $25,000 to the Museums Board of Victoria and $25,000 to Melbourne’s Living Museum of the West Inc (“the Payments”).
2. Provide E.P.A. with proof of the payments within 14 days of the date of such payments.
3. The Payments are to be used for the purpose of undertaking the following projects (“the Projects”):
Museums Board of Victoria – the installation of integrated photovoltaic cells into the fabric of the buildings at the Scienceworks Museum.  The solar modules will be connected to a three phase power invertor to meet part of the energy requirements of the Scienceworks site and will be used to educate the public about alternative energy sources.

Melbourne’s Living Museum of the West – an educational display and exhibition about the aquatic life in the Maribyrnong River and the local fauna of the Maribyrnong Valley.
4. The Defendant is prohibited from referring to the Payments or the Projects without reference to these proceedings.
5. To publish a notice in relation to the proceedings.
6. To ensure the notice is to
(a) be in the wording specified in clause 9;
(b) be published within 14 days of the date of the Court Order;
(c) be published in the Early General News section of the following newspapers:
(i) The Williamstown Advertiser
(ii) The Age
(iii) The Herald Sun
(iv) The Financial Review;
(d) be of a minimum size of 12cm by 3cm columns;
(e) contain the Defendant’s corporate logo.
7. The notice is also to be displayed in the “home” section of the Defendant’s website for a period of 60 days.
8. To provide the Informant with a copy of the published notice within 14 days of the notice appearing.
9. [The wording of the notice was specified.]
10. 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 requirement 6 above in its Annual Report for the year 2003/2004.
11. The Defendant is to provide the Informant with proof of the publication of the Notice specified in requirement 10 within 30 days of the publication of the Annual Report.

Costs: $17,108.74

Reviewed 3 October 2023