Date of offence
Between 07 May 2009 and 07 May 2009
Type of offence
Cause an environmental hazard at Warrandyte South on 07.05.11, contrary to s.27A(1)(c).
Background of offence
Conneq Infrastructure Services (Australia) Pty Ltd (formerly named Bilfinger Berger Services (Australia) Pty Ltd) was engaged by Yarra Valley Water Limited to extract spilled sewerage after an incident on 7 May 2009. Conneq, extracted the spilled sewerage into eductor trucks. Several truckloads were then emptied into a nearby stormwater drain, which was mistaken for a sewer pit. The stormwater drain flowed into an adjoining creek. The EPA investigation revealed that this creek was a sensitive habitat for native flora and fauna. The company undertook a voluntary clean up of the creek.
Remedial action taken by EPA
None
Date of court hearing
12 April 2011
Date of court order
12 April 2011
Court magistrate
M. Sargent
Court location
Ringwood
Reasons for prosecution
In accordance with the Compliance and Enforcement Policy this matter involved a high potential risk of environmental harm to native flora and fauna along a natural waterway.

Court orders made

Without conviction, ordered pursuant to a s.67AC Order:

  1. 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 Darebin Creek Management Committee Inc. by the date specified below.
  2. The payment must be used solely for the purpose of carrying out the following project:
    Area:Darebin Creek catchment.
    Summary: To partly fund the installation of 70 stormwater raingardens on private premises within the catchment.  A raingarden is basically a combined tank and planter box, containing plants set in a deep bed of (mainly) gravel, with a drainhole at the bottom.  The plants ‘digest’ organic contaminants while the gravel filters out the inorganics, so the water later discharged to a stormwater drain that feeds into Darebin Creek does not pollute the creek.
    Oversight: The project will be overseen by the Darebin Creek Management Committee Inc.
    Payment:  The $50,000 is payable to Darebin Creek Management Committee Inc., PO Box 5093, Alphington 3078.
    Due date:  The payment is due on 29 April 2011.
  3. Within 14 days of making the payment, the Defendant must provide the Informant with proof thereof.
  4. The Defendant is prohibited from referring to the payment or the project without referring to these proceedings.
  5. 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 about these proceedings.
  6. The notice must contain the Defendant’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;
    • 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:
    • 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 Herald Sun
      • The Age
      • The Melbourne Weekly Eastern, and
      • The Manningham Leader.
  7. The Defendant must provide the Informant with a copy of each notice within 14 days of its publication.
  8. [The wording of the notice was specified.]
  9. Within 14 days of this Order, the Defendant must display the above notice under the heading, “In Your Community”, which is the tab included on the Home page of the website http://www.yvw.com.au/Home and maintain the notice there for 60 continuous days.

Costs: $13,465.13

Reviewed 12 March 2020