Court orders made

Without conviction, ordered pursuant to s.67AC:

1. To carry out specified projects as detailed below for the restoration or enhancement of the environment in a public place or for the public benefit by paying the total sum of $160,000 to the Rural City of Wangaratta (“RCOW”), who will act as lead organisation and manage the funds on behalf of the North East Catchment Management Authority (“NECMA”), Wangaratta Urban Landcare Group (“WULG”), Wangaratta Sustainability Network (“WSN”), Restore Our Waterways (“ROW”), Ovens Landcare Network (“OLN”) and the Park Lane Nursery (“PLN”), within 30 days of the date of this Court Order.
2. The payment must be used solely to carry out the following project/s:
Avenue tree planting to restore the residential environment to Sisely Avenue $54,450
The purpose of this project is to plant trees in the median strip of Sisely Avenue, which separates residential and industrial zones in Wangaratta.  Once fully established the trees will provide residents with a visual buffer from the industrial area.  Birdlife will benefit from increased habitat, and increased shading will help counter urban heat island effect.
The project will involve:
• preparation, provision of new soil and irrigation for 70 sites in a 1km length;
• supply of trees, plant and mulch (70 trees approximately 1.5m tall);
• signage to explain history/purpose of tree avenue; and
• provision of maintenance for 2 years.
The Accused will pay $54,450 to RCOW as the lead organisation.
Wareena Park environmental enhancement & community engagement $68,450
The purpose of this project is to provide for various environmental activities along the Wareena Park and Wetland and One Mile Creek area.  The activities will make the area more accessible and enjoyable for users, and provide multiple opportunities for community participation and education.
The project will involve:
• relocation of Wareena wetland fencing;
• provision of training and support once a month for existing and new Waterwatch Adult volunteers along One Mile Creek and the Wareena Wetlands;
• delivery of a minimum of 7 Waterwatch education sessions for local schools and Community Awareness Days;
• employment of Community education officer to design specific activities, such as storyboards and environmental displays;
• supply and installation of interpretative signs at Wareena Park;
• organisation of community events;
• construction of a shelter at wetlands and seat sited by One Mile Creek;
• supplementary planting in wetland area; and
• two years maintenance of plants.
The Accused will pay $68, 450 to the RCOW, who will act as the lead organisation and manage the funds on behalf of the NECMA, WULG, WSN, ROW, OLN and PLN.
Significant tree location register and activities $21, 100
The purpose of this project is to identify, photograph, map and register significant trees (including indigenous trees) in urban Wangaratta.  Subsequently a number of exhibitions will be held to showcase photographs taken during the field work.
The project will involve:
• coordination and support of participants to identify, photograph and record significant trees;
• print and mount of 100 photos for records;
• organisation of exhibitions,
• organisation of indigenous consultant and local indigenous reference group to verify, map and register indigenous heritage trees and provide report; and
• provision of ongoing maintenance of records and indigenous tree register.
The Accused will pay $21, 100 to the RCOW who will act as the lead organisation and manage the funds on behalf of the WULG, ROW and the NECMA.
Fauna surveys/threatened species study and education $16,000
The purpose of this project is to conduct creek health assessments and fauna surveys along One Mile Creek, north of Tone Road in urban Wangaratta.  Information will be utilised for community education and assists in the development of interpretive signs along One Mile Creek.
The project will involve:
• employment of  biodiversity consultant for field surveys and report;
• water study to assess overall water condition in area for aquatic fauna and flora;
• provision of three interpretative signs; and
• organisation of volunteer involvement in surveys and education walks on One Mile Creek.
The Accused will pay $16,000 to the RCOW who will act as the lead organisation and manage the funds on behalf of WULG, ROW, NECMA, WSN and PLN.
3. Within 7 days of making the payment of $xxx, the Accused must provide the Solicitor to the Environment Protection Authority with proof of the payment/s.
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:
 (a) in the wording specified in clause 9 below and must not be supplemented by additional text;
 (b) published within 30 days of the date of this Court Order in the Editorial section or the front part of the Early General News section of the following newspapers:
(i) The Australian Financial Review,
(ii) The Age,
(iii) The Herald Sun,
(iv) The Wangaratta Chronicle, and
(v) The Border Mail;
(c) of a minimum size of 12 cm by 3 columns; and
(d) 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 seven days of its publication.
8. Within 14 days of the date of this Order, the Accused must post the notice on its website home page, www.nuplex.com, and maintain it there for 90 consecutive days.
9. [The wording of the notice was specified].
10. Pursuant to section 67AC(2)(b) of the Act, the Accused 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 6 above in its next Annual Report.
11. The Accused must provide the Solicitor to the Environment Protection Authority with proof of the publication of the notice in accordance with clause 6 within 30 days of the publication of the Annual Report.

Costs: $13,464