Court orders made

Convicted 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 $24,450 to Phillip Island Nature Parks (PINP”), within 60 days of the date of this court order.
2. The Defendant must provide Martin O’Shaughnessy, authorised officer of the Environment Protection Authority, with proof of payment(s) within 14 days of the payment(s) being made in accordance with paragraph 1.
3. The payment must be solely used as a contribution for the purpose of undertaking the following project (“the project”):
Hooded Plover Breeding Management – PINP
 The purpose of this project is undertake works to improve the breeding success of the Hooded Plover, a small shorebird endemic to Australia and included in the Flora and Fauna Guarantee Act 1988 – Threatened Species List (April 2006).  On Phillip Island their numbers vary from 21 to 42.  Their breeding success is generally very low due to the impact of people, dogs, predation by foxes, cats and birds and natural disturbances (eg inclement weather).  The project will attempt to improve their breeding success by an integrated program including monitoring, installation of signage warning people to keep clear of nesting areas, fencing to reduce predation and educational pamphlets and brochures for beach users.
4. The Defendant is prohibited from referring to any 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.
6. The notice referred to in paragraph 5 must
a. be in the wording specified in clause 8 below and must not be supplemented by additional text;
b. be published within 10 days of the date of this Court Order;
c. be published in the following newspapers:
1. San Remo Advertiser;
2. Gippsland Sentinel Times;
3. Financial Review;
4. The Australian;
5. The Age;
6. Daily Commercial News; and
7. Lloyd’s List;
d. be of a minimum size of 12cm by 3 columns;
e. have a continuous black border surrounding the text;
f. be published in the front section of the papers referred to in  6(c), either the Early General News or the Editorials; and
g. contain the Defendant’s corporate logo.
7. The Defendant must provide Martin O’Shaughnessy, Authorised officer of the Environment Protection Authority, with a copy of each publicised notice within 30 days of the date of the notice appearing.
8. [The wording of the notice was specified.]

Fined: $35,000

Costs: $58,020

Ordered to pay clean up costs of $68,499.67.