Date of offence
Between 23 Dec 2009 and 23 Dec 2009
Type of offence
Pollute waters and make detrimental to any beneficial use made of those waters, at Horsham on 23.12.2009, contrary to s.39(1)(e).
Background of offence
In December 2009, poor quality water was released into the Wimmera River causing oxygen levels to drop, fish to die, and the water to become discoloured and foul smelling. A contractor acting under direction from the Council was told to remove an earthen containment wall or ‘bund’ at the western end of the Yanga Track Billabong, The bund had been put in place by council earlier that month following a large hayshed fire in Horsham. The poor quality water from the fire made its way to the Yanga Track Billabong and the bund was used to contain the firewater and to prevent it from running into the Wimmera River. In November 2009, Council was told by EPA officers  that due to the poor water quality the bund was to remain in place to prevent the polluted water from entering the Wimmera River. Three weeks after the advice was provided, EPA was notified by DPI Fisheries of substantial numbers of dead or dying fish in the area. An EPA inspection on 25 December 2009, confirmed dead fish including Catfish, Murray Cod and Perch for 1-2 kilometres along the Wimmera River. EPA scientists were able to identify that the fish death was linked to the water discharged from the bund.
Remedial action taken by EPA
None
Date of court hearing
6 May 2011
Date of court order
6 May 2011
Court magistrate
Mr R. Pithouse
Court location
Horsham
Reasons for prosecution
In accordance with the  Compliance and Enforcement Policy this matter involved actual environmental harm to a highly sensitive marine habitat.

Court orders made

Without Conviction, ordered pursuant to s.67AC:

  1. To carry out the project as detailed below for the restoration or enhancement of the environment in a public place or for the public benefit, by the dates specified below.
  2. Project specifications
    Area: The Wimmera River catchment at Horsham, excluding sub-catchments not draining into Horsham Rural City Council's stormwater management system.
    Summary: By carrying out the following activities by the following due dates, the Defendant shall improve the management of stormwater feeding into the Wimmera River (including from its billabongs) in the Horsham area, with the focus on the prevention and management of contaminated stormwater impacts and the achievement of best practice:
    • by 30 September 2011, convene a Conference of relevant agencies, including the EPA, Horsham Rural City Council, the Department of Primary Industries, the Country Fire Authority and the Wimmera Catchment Management Authority, to initiate the development of:
      • best practice management options for stormwater feeding into the Wimmera River (including from its billabongs)
      • a Protocol for ongoing inter-agency cooperation (“the Protocol”)
      • an Implementation Plan for that Protocol (“the Plan”)
    • follow through on the Conference by finalising:
      • the Protocol by 30 November 2011
      • the Plan by 30 November 2011
    • by 24 December 2011 implement a Communications Package for the local community to publicise and promote key elements of the Protocol and the Plan.
  3. Within 14 days after the completion of each item in (2) and (3) (above), the Defendant must send to the Informant a copy or details thereof.
  4. Except to the extent required as a matter of practical communication to comply with (2) (above), the Defendant is prohibited from referring publicly to any aspect of the project without referring to these proceedings.

Costs: $3,000

Reviewed 13 March 2020