Date of offence
Between 28 Mar 2011 and 31 Mar 2011
Type of offence
Pollute waters and make harmful to fish at Mill Park from 28.03.11 to 31.03.11, contrary to s.39(1)(c).
Background of offence
In March 2011, apricot and beetroot juice spilled from the premises of Golden Circle Limited  into the waters of the Plenty River tributary. The EPA investigation established that  the discharge was caused when two drums of beetroot concentrate and apricot concentrate were knocked over by a forklift driver at the Golden Circle’s Mill Park factory. About 40 litres of concentrate spilled into a storm water drain that led to the Plenty River tributary, turning the waters bright pink/red.  Evidence from EPA's marine scientists revealed that juice concentrate has a high potential for harm to aquatic life. Golden Circle Limited immediately undertook a clean up.
Date of court hearing
9 November 2012
Date of court order
9 November 2012
Court magistrate
Mr J. Doherty
Court location
Broadmeadows
Reasons for prosecution
In accordance with the Compliance and Enforcement Policy, this mater involved a high risk of potential environmental harm.

Court orders made

Without conviction, placed on a Good Behaviour Bond for 12 months and ordered pursuant to s.67AC:

  1. To carry out a specified project as detailed below for the restoration or enhancement of the environment in a public place or for the public benefit by paying the sum of $50,000 to Parks Victoria, who will manage the funds on behalf of The Friends of the Gorge (a non-incorporated community group), within 30 days of the date of this Court Order.
  2. The payment must be used solely to carry out the following project:
    • Morang wetlands habitat restoration and amphibian monitoring $50,000
      The purpose of this project is to:
      • Improve the aquatic environment at the Morang Wetlands through the planting of aquatic and terrestrial flora, drought-proofing quarry wetlands, controlling pest plants and animals and establishing a water quality monitoring regime
      • Investigate options to reintroduce the Growling Grass Frog in collaboration with experts from teh University of Melbourne
      • Secure specialist technical advice and assistance to the Friends of the Gorge
      • Finance water quality training for the community and local school children by Healthy Waterways Waterwatch and Darebin Creek Management Committee personnel.
      • The Accused will pay $50,000 to Parks Victoria, who will manage the funds on behalf of The Friends of the Gorge which is a non-incorporated community group
  3. Within 7 day of making the payment of $50,000, the Accused must provide the Solicitor to the Environment Protection Authority with proof of the payment.
  4. The Accused is prohibited from referring to this payment without reference to these proceedings.
  5. Pursuant to section 67AC(2)(a) of the Act, the Accused is ordered to publicise the offence, its consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
  6. The notice must contain the Accused’s and the Environment Protection Authority’s corporate logos and be:
    • In the wording specified in clause 9 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 Australian Financial Review
      • The Age
      • The Herald Sun
      • The Whittlesea Leader
      • The Northern Weekly Paper
      • Of a minimum size of 12cm by 3 columns
      • Surrounded by a continuous black border
  7. The Accused must provide the Solicitor to the Environment Protection Authority with a copy of each published notice within seven days of its publication.
  8. Within 14 days of the date of this Order, the Accused must post the notice on its website home page, www.goldencircle.com.au and maintain it there for 90 consecutive days.

[The wording of the notice was specified].

Costs: $5,500

Reviewed 13 March 2020