Date of offence
Between 01 May 2006 and 30 Jun 2006
Type of offence
Pollute waters (make harmful or potentially harmful to fish or other aquatic life) at Cardinia between 01.05.06 and 30.06.06, contrary to s.39(1)(c).
Date of court hearing
29 August 2007
Date of court order
29 August 2007
Court magistrate
Mr W. O’Day
Court location
Melbourne
Proceeding number
200707096

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 $90,000 within 28 days of the date of this Court Order to Western Port Seagrass Partnership Ltd (ACN 096 685 871).
2. The payment to Western Port Seagrass Partnership Ltd must solely be used for the purpose of undertaking the following project (“the project”):
Improving Water Quality in Western Port using Mangrove and Seagrass Planting to control the erosion of the Lang Lang Coastline
The project provides for the replanting of mangroves across the north-eastern coastline from Lang Lang River to Cardinia Creek to re-establish the natural coastal defence that has been extensively eroded. 
The project is to involve planting approximately 6000 mangroves over 2 kilometres of coastline, propagating approximately 1000 mangrove seedlings, and collection of approximately 30,000 seeds for direct seeding.
The project aims to significantly reduce the erosion of the low cliffs along the coastline, and reduce associated sediment inputs into the bay.  Such sediment has been linked with deteriorating water quality and decreased photosynthesis in the Bay.
The project is to be implemented and managed by the Western Port Seagrass Partnership with involvement from Bass Valley Landcare, the Bass Valley Primary School and local community.
3. Within 14 days of the payment, the Defendant must provide the Informant with proof of the payment made to Western Port Seagrass Partnership Ltd (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) Pakenham Cardinia Leader;
(ii) Pakenham-Berwick Gazette;
(v) The Age;
(vi) The Australian; and
(v) The Financial Review.
(f) be of a minimum size of 12 cm by 3 columns;
(g) 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: $20,000

Reviewed 13 March 2020