Date of offence
Between 01 Jan 2004 and 11 Aug 2004
Type of offence
Dump industrial waste at an unlicensed site (at Wangaratta) between 1.01.04 to 11.08.04, contrary to s.27A(2)(a).
Date of court hearing
3 July 2006
Date of court order
3 July 2006
Court magistrate
Mr T. Barrett
Court location
Wangaratta

Court orders made

Without conviction and ordered pursuant to s.67AC of the Act:

1. To carry out a specified project as detailed below for the public benefit by paying the sum of $7,500 to the Rural City of Wangaratta.  The following payments to the Rural City of Wangaratta are to be made by the following dates:
• $2,500 – Thursday 27 July 2006
• $1,500 – Thursday 31 August 2006
• $3,000 – Thursday 26 October 2006.
2. The payment must be solely used for the purpose of undertaking the following project:
Kaluna Park Riverine Habitat Restoration Project
The purpose of this project is environment restoration work at Kaluna Park, Wangaratta.  Kaluna Park is located on the King River/Ovens River floodplains.  The natural vegetation of this area is classified by the Department of Sustainability and Environment as Sedgey Riverine Forest, which is an endangered ecological vegetation class.  The area currently suffers from the invasion of weeds, which entered the ecosystem from surrounding gardens, and from the grazing of stock entering from adjoining land.
The project will consist of the removal of environmental weed infestations, re-establishment of local indigenous plants, and the erection of a barrier to prevent stock accessing the site.  Ongoing environmental management and monitoring of the area will also be conducted.  Further, signage and information will be provided about the project to improve the public’s appreciation of this environment.
3. Within 14 days of the payment, the Defendant must provide the Informant with proof of the payment made to the Rural City of Wangaratta (as referred to in paragraph 1 above).
4. The Defendant is prohibited from referring to this payment without reference to these proceedings.
5. Pursuant to section 67AC(2)(a) of the Act, the Defendant is ordered to publicise the offence, its consequences and the penalty and orders imposed by this Court by publishing a notice in relation to these proceedings.  Publication of the notice as worded in clause 9 must occur in compliance with clause 6 within 30 days of the date of this Court Order.
6. The notice referred to in paragraph 5 must
(a) be in the wording specified in clause 9 below and must not be supplemented by additional text;
(b) be published within 30 days of the date of this Court Order;
(c) be published in the front section of the Early General News or the Editorials section of the following papers:
(i) The Wangaratta Chronicle; and
(ii) The Border Mail;
(d) be of a minimum size of 12cm by 3 columns;
(e) have a continuous black border surrounding the text;
7. The Defendant must provide the Informant with a copy of each publicised notice within 14 days of the date of the notice appearing.
8. [The wording of the notice was specified.]

Costs: $2,500

Reviewed 13 March 2020