Date of offence
Between 24 May 2017 and 19 Jun 2017
Type of offence

1. Did disobey conditions of Licence at North Shore on or about 24.05.2017, contrary to s.27(2).

2. Did disobey conditions of Licence at North Shore on or about 19.06.2017, contrary to s.27(2).

3. Did pollute waters and make poisonous to animals at North Shore on or about 19.06.2017, contrary to s.39(1)(c).

4. Did pollute waters and make poisonous to animals at North Shore on or about 19.06.2017, contrary to s.39(1)(e).

Background of offence

A Geelong fertiliser company has been fined $120,000 with conviction after toxic and highly corrosive sludge overflowed into Corio Bay through disused pipes.

Incitec Pivot Limited (Incitec) pleaded guilty in Geelong Magistrates' Court to four counts of breaching the Environment Protection Act 1970 after an investigation by Environment Protection Authority Victoria (EPA).

The court heard City of Greater Geelong were forced to remove approximately 9.6 tonnes of contaminated soil after the sludge was discovered in the carpark of the North Shore Fishing Platform on 24 May 2017. The sludge had a pH level of between 2 and 3.

Incitec has since plugged the pipes, which were used in the manufacture of sulphuric acid, revegetated the embankment area with native plants and improved its practices to reduce the risk of further discharges.

Incitec was also ordered to pay EPA's costs of $8,000 and has already committed to repay the City of Greater Geelong more than $18,000 for the May clean up.

Date of court hearing
5 August 2019
Date of court order
13 August 2019
Court magistrate
M L Smith
Court location
Geelong
Proceeding number
J12728829

Court orders made

With conviction, fined $120,000 as part of an aggregate order, with $8,000 costs.

Reviewed 3 October 2023