Date of offence
Between 22 Sep 2005 and 22 Sep 2005
Type of offence
Cause an environmental hazard at Footscray West on 22.09.05, contrary to s.27A(1)(c).
Date of court hearing
9 May 2007
Date of court order
9 May 2007
Court magistrate
Ms P. Spencer
Court location
Sunshine

Court orders made

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

1. To carry out specified projects as detailed below for the public benefit by paying a total of $41,000 to the overseeing bodies concerned by 08 June 2007.
2. The payment must be solely for the purpose of carrying out the following projects.
 2.1 Drain Mapping – $30,500  payable to Maribyrnong City Council
 This project involves the making of improved maps of the drains leading to Stony Creek, plus the placing of information signs near key drains and a local education campaign aimed at reducing stormwater impacts.
 2.2 Primary School Education Kits – $7,500 – payable to Melbourne’s Living Museum of the West
 This project involves the preparation of an information kit, for local 13 Primary Schools, about Stony Creek’s ecology and how to protect it, especially from stormwater impacts.
 2.3 Interpretive Signage – $3,000 – payable to Parks Victoria
 This project involves the installation of signage, along the Stony Creek Reserve walking tracks, about the various species that live or grow in and near the creek and how to protect their environment.
3. Within 14 days of making the payments, the Defendant must provide the Informant with proof thereof.
4. The Defendant is prohibited from referring to any 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 the penalty and orders imposed by this Court by publishing a notice in relation to these proceedings.
6. The notice referred to in paragraph 5 must
   (a) be in the wording specified in paragraph 8 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 Editorial section or the front part    of the Early General News section of the following    papers:
 1. The Age;
 2. The Herald Sun;
 3. Western Times; and
 4. Footscray Mail;
  (d) be of a minimum size of 12cm by 3 columns;
  (e) have a continuous black border surrounding the text;
  (f) Contain the Defendant’s corporate logo.
7. The Defendant must provide the Informant with a copy of each publicised notice within 14 days of the date of the notice appearing.
8. [The wording of the notice was specified.]
9. Within 7 days of making 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.
10. Within 30 days of the date of this Court Order, cause a notice in the above terms to be posted in Cruikshank Park at a position determined by Maribyrnong City Council, such notice to remain in place for 14 days.

Costs: $11,018.68

Reviewed 13 March 2020