Date of offence
Between 15 Sep 2007 and 17 Sep 2007
Type of offence
Pollute Atmosphere to Make Offensive to Humans, contrary to s.41(1)(a)
Date of court hearing
16 April 2009
Date of court order
16 April 2009
Court magistrate
Mr I M von Einem
Court location
Melbourne
Proceeding number
X02962190

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”), DP World Australia Limited (“the Defendant”) is ordered to carry out a specified project as detailed below for the enhancement of the environment for the public benefit by paying the sum of $80,000 to Future Canvas Inc (Organisation Number A0050707N) within 30 days of the date of this Court Order.

2.  The payment must be used solely to go towards funding of the following project:

Urban Reforestation in the Docklands
The project, designed by not for profit organisation Future Canvas Inc, provides for the construction of a community garden in a 5 metre by 50 metre area at Shed 4, Victoria Harbour, Docklands.

The garden will promote sustainable urban living through growing fresh produce, and will provide a space for community training and activities such as composting workshops, permaculture courses and urban gardening seminars.

The project will also provide residents with take-home farming kits including seedlings, tools, a pot and guidelines on planting. The kits will be appropriate for people living in high-rise buildings as well as people who have small backyards. Produce from the project will be provided to local residents.

Future Canvas Inc plan to use this project as an example of urban agriculture which can be replicated around Australia to inspire people to grow fruit and vegetables in their homes, workplaces, schools and communities.

3. Within 7 days of making the payment, the Defendant must provide the Informant with proof of the payment.

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

5. Pursuant to section 67AC(2)(a) of the Act, the Defendant 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 Defendant’s corporate logo and be:

    (a) in the wording specified in clause 8 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 Melbourne Times,
(v) The Melbourne Leader;

   (c) of a minimum size of 12 cm by 3 columns; and
   (d) surrounded by a continuous black border.
7. The Defendant must provide the Informant with a copy of each published notice within seven days of its publication.

8. [The wording of the notice was specified].

Costs: $10,000.00

Reviewed 13 March 2020