Date of offence
Between 21 Aug 2009 and 21 Aug 2009
Type of offence
Cause an environmental hazard at Gellibrand Pier in the State of Victoria on 21.08.09, contrary to s.27A(1)(c).
Background of offence
On 21 August 2009, during the transfer of crude oil from the ship MT Leyte Spirit to Mobil’s Gellibrand Terminal, the loading arm fractured in high winds causing oil to discharge into the water. During clean-up about 180kg of liquid crude oil was recovered from the water around the Pier, and more than 3000kg of oil-contaminated soil was recovered from St Kilda beach. The spill caused a six-day clean-up operation with the oil coming ashore near the St Kilda penguin colony. The oil was seen in the water near the pier and on St Kilda and Middle Park beaches.
Remedial action taken by EPA
Mobil Refining Australia Pty Ltd conducted a clean up of the spill.
Date of court hearing
22 October 2012
Date of court order
22 October 2012
Court magistrate
Ms A. Bolger
Court location
Melbourne
Reasons for prosecution
In accordance with the  Compliance and Enforcement Policy this matter involved a very high potential risk of environmental harm to highly sensitive marine habitats.

Court orders made

Convicted 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 a total of $150,000 to Port Phillip Ecocentre Incorporated within 30 days of the date of this Court Order.
  2. The payment must be used solely to carry out the following project:
    • Bay Care Action and Awareness Project - $150,000
    • The purpose of this project is to recruit, coordinate and train volunteer guides to manage and educate visitors of the St Kilda Penguin Colony.
    • The project will also support the expansion of a litter reduction project from St Kilda to other bayside areas with the City of Hobsons Bay, Bayside City Council and Wyndham City Council Municipalities. 
    • The third aspect of this project focusses on educating students and the general public about penguins and the bay’s natural values, using a mobile interpretive display to be deployed at schools and other public places
    • The accused will pay $150,000 to Port Phillip Incorporated, who will be co-ordinating the project in partnership with Earthcare St Kilda Inc, Park Victoria, Ricketts Point Marine Care and Western Melbourne Catchment Network.
  3. Within seven days of making the payment of $150,000, the accused must provide the Solicitor to the Environment Protection Authority with proof of the payment. 
  4. The accused is prohibited from referring to this payment without reference to these proceedings. 
  5. Pursuant to section 67AC(2)(a) of the Act, the accused is ordered to publicise the offence, its consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
  6. The notice must contain the accused’s and the Environment protection Authority’s corporate logos and be:
    • in the wording specified in clause 9 below and must not be supplemented by additional text
    • published within 30 days of the date of the Court Order in the Editorial Section or the front part of the Early General New Section of the following newspapers
    • The Australian Financial Review
    • The Age
    • The Herald Sun
    • Hobsons Bay Leader
    • Hobsons Bay Weekly
    • of a minimum size of 12cm by 3 columns
    • surrounded by a continuous black border.
  7. The accused must provide the Solicitor to the Environment Protection Authority with a copy of each published notice within 7 days of its publication.
  8. Within 14 days of the date of this order, the accused must post a link to the notice on its website homepage www.exxonmobil.com.au, under the heading ‘Latest News’, and maintain it there for 90 consecutive days.

[The wording of the notice was specified].

Costs: $135,000

Reviewed 16 March 2020