Date of offence
Between 13 Aug 2006 and 13 Aug 2006
Type of offence
Permit environmental hazard, contrary to s.27A(1)(c)
Date of court hearing
6 March 2009
Date of court order
6 March 2009
Court magistrate
Mr J. Klestadt
Court location
Melbourne
Proceeding number
X01325491

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”), Caltex Australia Petroleum Pty Ltd, ACN 000 032 128 (“the Defendant”) is ordered to carry out a specified projects as detailed below for the restoration or enhancement of the environment in a public place or for the public benefit by paying a total of $80,000 to Port Phillip EcoCentre Inc within 30 days of the date of this Court Order.

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

CARBONCUT2: LOW-INCOME COMMUNITY CAPACITY-BUILDING FOR CLIMATE CHANGE
The project will involve Port Phillip EcoCentre Inc, SouthPort Uniting Care, City of Port Phillip, Port Phillip Community Group, South East Water and Park Towers Housing Commission.

The project involves delivering an energy-efficiency program by training a team of young people to perform basic energy and water efficiency installations and audits, whilst at the same time promoting behaviour change in low income households.  The program will provide ongoing youth training, educational workshops for residents, immediate and lasting energy reduction outcomes; strengthen community wellbeing through the positive interaction between young people and older residents; and support youth leadership in response to the issue of climate change.

The project will benefit local communities by linking older, younger and culturally diverse groups within the community, linking behaviour within the home to climate change, and educating the community to avoid waste of water, energy and resources.  The project enables social equity for households who would otherwise be unable to afford such energy efficiency measures and provides social opportunity for marginalised residents.

3.   Within 7 days of making the payment referred to at clause 1 above, the Defendant must provide the Informant with proof of the payment.

1.   The Defendant is prohibited from referring to this payment without    reference to these proceedings.

2. Pursuant to section 67AC(2)(a) of the Act, the Defendant is ordered
to publicise the offence, its/their consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.

3. The notice must contain the Defendant’s corporate logo 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 News section of the following newspapers:
(i) The Australian Financial Review,
(ii) The Age,
(iii) The Herald Sun,
(iv) The Hobsons Bay Times, and
(v) The Hobsons Bay Leader;
(c) of a minimum size of 12 cm by 3 columns; and
(d) surrounded by a continuous black border.

4. The Defendant must provide the Informant with a copy of each published notice within 7 days of the publication referred to in clause 6 above.

5. Within 14 days of the date of this Order, the Defendant must post the notice in the Media Releases section of its parent company’s website home page www.caltex.com.au and maintain it there for 30 consecutive days.

6. [The wording of the notice was specified]

7. Pursuant to section 67AC(2)(b) of the Act, 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 clause 6 above in its parent company Caltex Australia Limited’s next Annual Report.

8. The Defendant must provide the Informant with proof of the publication of the notice in accordance with clause 10 within 30 days of the publication of the Annual Report.

Costs: $27,580.48

Reviewed 12 March 2020