Date of offence
From 18 August 2021 to 13 September 2021
Type of offence

Charge:

1. Breach a condition of a licence at Forge Creek from 18 August 2021 to 13 September 2021, contrary to s.63(1).

Background of offence

East Gippsland Region Water Corporation (EGRWC) was ordered to pay $50,000 to a restorative project run by East Gippsland Catchment Management Authority, pay a $20,000 donation to the court and pay EPA Victoria $4,651 in court costs after illegally releasing huge volumes of wastewater in breach of their licence.

The corporation has also been placed on a two year good behaviour bond.

In August and September 2021, EGRWC cited unexpectedly high rainfall as the reason it needed to discharge wastewater from the Paynesville Water Recycling Plant at Forge Creek. Their application for an emergency discharge was not granted by EPA on the basis they should have foreseen such an event and been prepared.

EGRWC released about 138 ML, about 55 Olympic swimming pools, of wastewater resulting in increased risks of harm to the environment and human health.

Date of court hearing
1 November 2023
Date of court order
2 November 2023
Court magistrate
A D Halse
Court location
Bairnsdale Magistrates Court
Proceeding number
P11587194

Court orders made

Without conviction, two year adjourned undertaking to be of good behaviour.

Ordered to pay $20,000 into the court fund by 29 January 2024.

Section 330 Adverse Publicity Order requiring notice to be published in both a local newspaper and state-wide newspaper.

Section 332 Restorative Project Order requiring payment of $50,000 to the East Gippsland Catchment Management Authority.

Ordered to pay EPA's costs of $4,651.00 within 60 days.

Reviewed 1 July 2024