Date of offence
Between 29 Oct 2005 and 01 Nov 2005
Type of offence
Cause an environmental hazard at Somerton between 29.10.05 and 1.11.05, contrary to s.27A(1)(c).
Date of court hearing
27 September 2007
Date of court order
27 September 2007
Court magistrate
Mr A. Spillane
Court location
Broadmeadows

Court orders made

Without conviction 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 $75,000 within one month of this Order to Merri Creek Management Committee Inc.
2. The payment must be solely used for the purpose of undertaking the following project:
STREETS TO STREAMS
The project involves community education on stormwater impacts via guided walks, display materials, and electronic and printed information packages, as well as stormwater monitoring work and habitat restoration at four sites along Merri Creek, namely Rushwood Reserve at Craigieburn, Mooma Park at Fawkner, Merri Park Wetland at Northcote, and Hall Reserve Wetland at Clifton Hill.  Merri Creek is a habitat corridor of regional-state significance, and provides important open space for people from the local and regional community.
The project will benefit local communities through opportunities to learn about stormwater and pollution impacts.  The community will also benefit through improved landscape amenity values at four Merri Creek Parkland sites and enhanced capacity to care for these landscapes through enhanced understanding of vegetation management issues.  Local and regional flora and fauna will also benefit through improved habitat quality along the Merri Creek habitat corridor.
The project will involve Merri Creek Management Committee Inc, the City of Yarra, the City of Darebin, the Hume City Council, Friends of Merri Creek and Fawkner Community House.
3. Within 14 days of the payment, the Defendant must provide the Informant with proof of the payment made to Merri Creek Management Committee Inc (as referred to in paragraph 1 above).
4. The Defendant is prohibited from referring to this 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 9 below and must not be supplemented by additional text;
b. be published within 14 days of the date of this Order;
c. be published in the Early General News section of the following newspapers:
i. The local paper – The Hume Leader
ii. The Herald Sun
iii. The Age
iv. The Financial Review
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.
7. The notice must also be displayed in the “News” section of the Defendant’s website, www.onesteel.com, within 14 days of the date of this Order.  Once the notice is displayed on the Defendant’s website, the notice must remain so displayed for a period of 30 days thereafter.
8. The Defendant must provide the Informant with a copy of each publicised notice within 5 days of the date of the notice appearing.
9. [The wording of the notice was specified].
10. Pursuant to section 67AC (2)(b) of the Act, 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 clause 6 above in its Annual Report for the year ending 30 June 2008.
11. The Defendant must provide the Informant with proof of the publication of the notice in accordance with clause 10 within 30 days of the publication of the Annual Report.

Costs: $10,000

Reviewed 13 March 2020