Date of offence
07 Feb 2012
Type of offence

Pollute atmosphere and make poisonous to human beings at Altona North on 07.02.12, contrary to s.41(1)(a).

Background of offence

An incident that occurred on 7th of February 2012 at the premises occupied by Hyde Park Tank Depot Pty Ltd at McArthurs Road, Altona North, involving an alleged discharge of offensive odour into the atmosphere as a result of washing a bulk ISO container that had been used to transport ethyl acrylate. The incident affected many residents spread across four suburbs and lasted for approximately 7 hours. EPA received 37 complaints from the members of community. The offensive odour impacted upon the resident’s health and aesthetic enjoyment of the environment.

Date of court hearing
19 December 2013
Date of court order
23 January 2014
Court magistrate
Mr M. Grinberg
Court location
Sunshine
Proceeding number
D11930055
Reasons for prosecution
  • A serious instance of air pollution and breach of a licence condition that resulted in the community being inconvenienced.
  • Significant MFB/EPA resources mobilised to combat the incident. (@40 MFB members and 3 EPA officers responded to incident).
  • A potentially large volume of hazardous chemical being discharged into the atmosphere spreading approximately 12 km from the discharge point.
  • Incident responded by EPA as an emergency event. (EPA notified through MFB)
  • Accused company previously prosecuted by EPA in a similar circumstances in June 2010 involving the same chemical substance.
  • Prosecution of company in public interest and in line with strategic focus of Compliance and Enforcement Policy.

Court orders made

Without conviction, signed an undertaking to be of good behaviour for a period of 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 $40,000 to Western Melbourne Catchments Network (“WMCN”) within 30 days of the date of this Court Order.

2.    The payment must be used solely to carry out the following project:

Seed Production For Understory and Grassland Restoration along Kororoit Creek and the Federation Trail (“the project”)

WMCN is a not-for-profit association for individuals, groups and organisations that share an environmental vision for the wider Werribee Catchment.  WMCN unites, strengthens and resources people, groups and agencies; advocates for the protection, management and enhancement of natural heritage; gathers resources for the implementation of the vision across the catchment; is well resourced, well-researched, well-connected and speaks fearlessly to promote the shared vision of its members.

In relation to the project, WMCN will work in partnership with other parties, namely, the “Tree Project”, “Friends of Lower Kororoit Creek”, “Victoria University” and “Parks Victoria” in order to increase the availability of seed for understory and grassland restoration along “Kororoit Creek” at Altona, Brimbank and Hobson’s Bay and along the “Federation Trail” at Altona and Wyndham.

Restoring the understory and improving the ecology, will assist to buffer locals from any future pollution events.

WMCN will coordinate and manage the project.

The accused will pay a total sum of $40,000 to the WMCN.

4.     Within 7 days of making the payment of $40,000, Hyde Park must provide the Solicitor to the Environment Protection Authority with proof of payment.

5.    Hyde Park is prohibited from referring to this payment without reference to these proceedings.

6.    Pursuant to section 67AC(2)(a) of the Act, Hyde Park is ordered to publicise the offences, their consequence and any penalties imposed or orders made by this Court by publishing a notice (“the notice”) about these proceedings.

7.    The notice must contain Hyde Park’s corporate logo and be:

        (a)      in the wording specified in clause 9 below and must not be supplemented by additional text;

        (b)      published within 30 days of the date of this Court Order in the Editorial section of the following newspapers;

                (i)           The Australian Financial Review;

                (ii)          The Age;

                (iii)         The Herald Sun’

                (iv)         The Hobsons Bay Leader; and

                (v)          The Brimbank Leader;

    (c)       of a minimum size of 12cm by 3 columns; and

    (d)      surrounded by a continuous black border.

8.    Hyde Park must provide the Solicitor to the Environment Protection Authority with a copy of each published notice within 7 days of its publication.

9.    Within 14 days of the date of this Order, Hyde park must post the notice in the wording specified in cluse 9 below on its website home page namely at – www.scottcorp.au/hyde-park.html and maintain it there for 90 consecutive days.

10.    [The wording of the notice was specified].

 

Costs: $13,825.30

Reviewed 13 March 2020