Date of offence
Between 31 Aug 2005 and 12 Sep 2005
Type of offence

Permit an environmental hazard at Malmsbury on 31.8.05, contrary to s.27A(1)(c).

Permit an Environmental Hazard at Maldon on 09.09.05, contrary to s.27A(1)(c).

Permit an environmental hazard at Castlemaine on 12.09.05, contrary to s.27A(1)(c).

Date of court hearing
14 December 2006
Date of court order
14 December 2006
Court magistrate
Mr D. Cottrill
Court location
Bendigo

Court orders made

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

1. To carry out a specified project as detailed below for the public benefit by paying the sum of $60,000 to the North Central Catchment Management Authority (the “NCCMA”), by 31 January 2007.
2. The payment must be solely used for the purpose of carrying out the following project, which consists of three parts, each of which is to be supervised by the NCCMA as project manager:
2.1 Guilford/Upper Loddon project
This project involves waterway rehabilitation works along the Loddon River, including weed management, revegetation and waterway fencing.  The works are to be largely carried out by the Guilford/Loddon Landcare Group.  The project also covers the purchase of “Waterwatch” kits for use by local schools.
2.2 Coliban/Campaspe project
This project involves waterway rehabilitation works along the Coliban River, including weed management, revegetation and waterway fencing.  The works are to be largely carried out by the Tylden Landcare Group.  The project also covers the purchase of “Waterwatch” kits for use by local schools.
2.3 Campbells Creek project
This project involves waterway rehabilitation works along Campbell’s Creek including weed management, revegetation and the construction of a walking track.  These works are to be largely carried out by the Friends of Campbells Creek.
3. The extent and timing of the works will be left to the discretion of the NCCMA.  The relative extent of Stages 1, 2 and 3 of the works will be determined using a linear value for works along the waterways as outlined in the project table below.
PROJECT TABLE: WATERWAY REHABILITATION WORKS
 
PROJECT STAGE DESCRIPTION (including linear value and resources to be purchased) FUNDING REQUIRED FOR STAGE PROJECTED TIMELINE
1 Site preparation and weed management ($X per km cost)     $1,500 Within 12 months
2 Revegetation of waterway ($X per 100 metres cost)        $880 Within 12 months
3 Waterway fencing ($X per km cost including labour)     $4,500 Within 12 months
4 Purchase of “Waterwatch” kits for use by local schools      $1,000 Within 6 months
5 Construction of a walking track along Campbells Creek    $15,000 Within 12 months

4. Within 14 days of the payment, the Defendant must provide the Informant with proof thereof.
5. The Defendant is prohibited from referring to the payment or the project 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 referred to in paragraph 6 must:
(a) be in the wording specified in clause 9 below and must not be supplemented by additional text;
(b) be published within 30 days of the date of this Court Order;
(c) be published in the front section of the Early General News or the Editorials section of the following papers:
(i) The Age,
(ii) The Herald Sun,
(iii) The Weekly Times,
(iv) The Bendigo Advertiser,
(v) The Castlemaine Mail, and
(vi) The Loddon Times;
(d) be of a minimum size of 12cm by 3 columns;
(e) contain the Defendant’s corporate logo.
8. The Defendant must provide the Informant with a copy of each publicised notice within 14 days of the date of the notice appearing.
9. [The wording of the notice was specified.]
10. Within 7 days of the making of this Court Order, the above notice must also be displayed by the Defendant on the “News” section of its website, and be maintained there for a period of 30 days.

Costs: $8,421.96

Reviewed 12 March 2020