- Date of offence
- Between 14 Oct 2009 and 14 Oct 2009
- Type of offence
- Discharge oil from ship into State waters at Maribyrnong on 14.10.09, contrary to s.8(1) of POWBONS.
- Pollute waters and make harmful or potentially harmful to animals, birds, wildlife, fish or other aquatic life at Maribyrnong on 14.10.09, contrary to s.39(1)(c).
- Background of offence
- On 14 October 2009, a vessel known as Golden Fumi, under the control of vessel master Jesus Nunez, discharged oil into the Maribyrnong River. The affected section of Maribyrnong river was a sensitive habitat for various bird, fish and other aquatic species. There was no evidence of actual impact to these species, but expert evidence suggested a substantial potential impact.
- Remedial action taken by EPA
- None
- Date of court hearing
- 5 November 2010
- Date of court order
- 5 November 2010
- Court magistrate
- Mr P. Couzens
- Court location
- Melbourne
- Reasons for prosecution
- In accordance with the Compliance and Enforcement Policy this matter involved a very high potential risk of environmental harm to highly sensitive marine habitats.
Court orders made
Convicted and fined an aggregate $35,000 and ordered pursuant to s.67AC:
- To publicise the offence, its/their consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
- The notice must contain the Accused’s corporate logo and be:
- be in the wording specified in clause 4 below and must not be supplemented by additional text;
- 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:
- The Maribyrnong Leader
- The Age
- The Australian Financial Review
- The Australian
- Lloyd’s List Daily Commercial News
- Lloyd’s List
- of a minimum size of 12cm by 3 columns
- surrounded by a continuous black border.
- The Accused must provide the Informant with a copy of each published notice within seven days of the publication referred to in clause 2 above.
[The wording of the notice was specified].
Costs: $10,515.31
Clean up Costs: $27901.65
Reviewed 13 March 2020