Date of offence
Between 19 Feb 2013 and 04 Mar 2013
Type of offence

Pollute atmosphere so that the condition of the atmosphere was so changed to make poisonous, harmful or potentially harmful to plants or other vegetation, at Fosterville between 19 February 2013 and 4 March 2013, contrary to s.41(1).

Background of offence
Fosterville Gold Mine Pty Ltd (FGM) was charged with pollution of atmosphere under s.41(1) of the Environment Protection Act in relation to the discharge of carbon-in-leach (CIL) water that released into the atmosphere from an evaporative spray system that is part of the mining operations. The spray containing high concentrations of CIL damaged vegetation on FGM’s land, but also carried onto adjoining property, injuring a number of trees.
Date of court hearing
27 October 2015
Date of court order
27 October 2015
Court magistrate
Mr R. Wright
Court location
Bendigo
Proceeding number
F13340042

Court orders made

Without conviction, signed an undertaking to be of good behaviour for a period of 12 months with the following condition: 

  • The company will donate $25,000 to the City of Greater Bendigo within 60 days of today’s date. The amount is to be donated for the express purpose of being applied to assist delivery of a suitable environment project.

Costs: $38,205.90.

Reviewed 13 March 2020