Date of offence
Between 08 Mar 2003 and 11 Mar 2003
Type of offence
Pollute waters (make detrimental to beneficial uses) at Mentone between 08.03.03 and 11.03.03, contrary to s.39(1)(e) and s.39(5).
Date of court hearing
21 October 2004
Date of court order
21 October 2004
Court magistrate
Mr S. Raleigh
Court location
Dandenong

Court orders made

Without conviction, ordered pursuant to s.67AC:

1. To carry out a specific project for the public benefit by paying, within 60 days of the date of the court order, $50,000 to Melbourne Water (“the payment”).
2. Provide the Informant with proof of the payment within 90 days of the date of this court order.
3. The payment is to be used solely for the purpose of undertaking the following project (“the project”):
Revegetation of Lower Mordialloc Creek
Revegetation and vegetation management works including purchasing of indigenous plants and associated materials and equipment and labour.
4. The Defendant is prohibited from referring to this payment without reference to these proceedings.
5. To publish a notice in relation to the proceedings.
6. The notice must:
(a) be in the wording specified in clause 9;
(b) be published within 7 days of the date of the Court Order in the case of the daily nespapers, and within 14 days in the case of the local paper;
(c) be published in the General News section of the following newspapers:
(i) The Herald Sun
(ii) The Age
(iii) The Mordialloc Chelsea Leader;
(d) be of a minimum size of 12cm by 3cm columns;
(e) contain the Defendant’s corporate logo.
7. The notice must also be displayed in the “news” section of the Defendant’s website for a period of 90 days.
8. To provide the Informant with a copy of each published 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 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 requirement 9 above in its Annual Report for the year 2004/2005.
11. The Defendant is to provide the Informant with proof of the publication of the notices in accordance with clause 6 within 30 days of the publication of the Annual Report.

Costs: $29,916.43

Reviewed 16 March 2020