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 $60,000 within 28 days of the date of this Court Order to the City of Whittlesea (ABN 72 431 091 058).
2. The payment to the City of Whittlesea must solely be used for the purpose of undertaking the following project (“the project”):
Growling in the Grass – An Endangered Frog Recovery Project
The project provides for the design and construction of a purpose-built frog breeding wetland and water quality treatment bioretention swale within Thomastown East Reserve, Victoria. 
The breeding wetland is specifically for the Growling Grass Frog Litoria reniformis (a species of national conservation significance being listed as endangered under the Flora and Fauna Guarantee Act 1988 (Vic) and vulnerable under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)).  The water quality treatment bioretention swale provides for natural filtration, sediment removal and flood retardation of stormwater runoff from surrounding areas, and will be central to community-based stormwater education using the site and species to raise awareness about water quality protection and Water Sensitive Urban Design.
The project involves site survey and excavation, site preparation and aquatic planting, terrestrial buffer landscaping and maintenance, associated frog / water quality monitoring, and community education.  Overall, the project aims to establish water bodies that allow the important population of frogs located in Thomastown East Reserve to successfully breed and disperse, to assist in survival of the species.
The project is to be implemented and managed by the City of Whittlesea.
3. Within 14 days of the payment, the Defendant must provide the Informant with proof of the payment made to the City of Whittlesea (as referred to in paragraph 1 above).
4. Within 1 month of the completion of the project, the Defendant must provide the Informant with a report that confirms that the payment was solely used for the purpose of undertaking the project.
5. The Defendant is prohibited from referring to this payment without reference to these proceedings.
6. 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.
7. The notice must:
 (a) be in the wording specified in clause 10 below and must not be supplemented by additional text;
 (b) be published within 14 days of the date of this Court Order;
 (c) be published in the Early General News section of the following newspapers:
(i) The Manningham Leader;
(ii) Lilydale and Yarra Valley Leader;
(iii) The Age;
(iv) The Australian; and
(v) The Financial Review.
(d) be of a minimum size of 12 cm by 3 columns;
(e) have a continuous black border surrounding the text; and
(f) contain the Defendant’s corporate logo.
8. The notice must also be displayed in the “news” section of the Defendant’s website for a period of 14 days.
9. The Defendant must provide the Informant with a copy of each publicised notice within 7 days of the date of the notice appearing.
10. [The wording of the notice was specified].
11. Pursuant to section 67AC (2)(b) of the Act, the Defendant is ordered to notify its shareholders of the offence, its consequences and the penalty and orders imposed by this Court by publishing the notice, in the terms, style, size and format set out in clause [7] above in its Annual Report for the year 2007.
12. The Defendant must provide the Informant with proof of the publication of the notice in accordance with clause [11] within 28 days of the publication of the Annual Report.

Costs: $15,000