Date of offence
Between 14 Oct 2009 and 14 Oct 2009
Type of offence
  1. Discharge oil from ship into State waters at Maribyrnong on 14.10.09, contrary to s.8(1) of POWBONS.
  2. 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:

  1. To publicise the offence, its/their consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
  2. 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.
  3. 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