Court orders made

Convicted on both charges, fined $50,000 and ordered pursuant to s.67AC of the Act:

1. To carry out two specified projects as detailed below for the public benefit by paying the sums of:
a. $25,300 to Dolphin Research Institute Ltd, ABN 73 097 317 112; and
b. $25,000 to Phillip Island Nature Parks, ABN 88 940 950 118,
within one month of this Order.
2. The payment to Dolphin Research Institute Ltd must solely be used for the purpose of undertaking the following project:
Multidisciplinary Investigation of the Dolphin Populations in Port Phillip, Western Port and Gippsland Lakes
Using a multidisciplinary approach, the project encompasses studies on population abundance/structure, genetics, morphology, behaviour, acoustics and the physical and biological processes affecting dolphin movements.  The project will be undertaken by three Monash University students (two Honours and one PhD) and two directors of Dolphin Research Institute Ltd.  The information from the study will be used to ensure the correct conservation and management plan is implemented to protect dolphins and any potential new species.
The project will benefit the dolphin populations in Victorian waters by enabling the contribution of good science into their management, particularly the management of ecology and dolphin-based ecotourism in Port Phillip and Gippsland Lakes.  The project also has a long term potential to benefit on-going generations of young scientists, volunteers and environmental managers.
The project will involve Dolphin Research Institute Ltd and Monash University.
3. The payment to Phillip Island Nature Parks must solely be used for the purpose of undertaking the following project:
Public and Emergency Beach Access, South Coast Phillip Island – Park Street Beach Access, Surf Beach
This project involves the installation of 190 metres of gravel pathway from the carpark to the beach access sand dune, and the building and erection of 60 metres of stairs and boardwalk to improve beach access, at the Park Street Beach Access, Surf Beach. This upgrade of facilities is required due to increased visitation and urbanisation of Phillip Island which has increased pressures on native wildlife, landscapes and habitat.
The project will benefit native wildlife, landscapes and habitat by protecting the environment and providing safe planned access points for the public. 
The project will involve Phillip Island Nature Parks and Bass Coast Shire Council.
4. Within 14 days of each payment, the Defendant must provide the Informant with proof of the payments made to Dolphin Research Institute Ltd and Phillip Island Nature Parks (as referred to in paragraph 1 above).
5. The Defendant is prohibited from referring to these payments 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 referred to in paragraph 6 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 Order;
c. be published in the Early General News section of the following newspapers:
i. The Phillip Island and San Remo Advertiser;
ii. The Age; and
iii. Lloyd’s List Daily Commercial News;
d. be of a minimum size of 12cm by 3 columns;
e. have continuous black border surrounding the text; and
f. contain the Defendant’s corporate logo.
8. The Defendant must provide the Informant with a copy of each publicised notice within 14 days of the date of the notice appearing.
9. [The wording of the notice was specified.]
10. The Defendant is ordered to pay the costs of the Environment Protection Authority in the amount of $21,765.

Legal Costs:  $21,765
Clean Up Costs: $38,813.52