- Date of offence
- Between 18 Feb 2002 and 19 Feb 2002
- Type of offence
- Pollute atmosphere (make offensive to the senses of human beings) at Portland between 18.02.02 and 19.02.02, contrary to s.41(1)(a) of the Act.
- Date of court hearing
- 21 May 2003
- Date of court order
- 21 May 2003
- Court magistrate
- Mr M. Coghlan
- Court location
- Portland
Court orders made
Convicted and placed on an undertaking to be of good behaviour for a period of 12 months with special condition to pay $5,000 to Court Fund.
In addition, the defendant was ordered pursuant to s.67AC of the Act:
1. To carry out a specified project for the public benefit by paying $30,000 within 14 days to the Glenelg Shire Council.
2. To provide proof of payment of $30,000 to the Glenelg Shire Council within 35 days.
3. That the payment be used only for the purposes of eradicating exotic species (including willow trees, gorse and blackberries) from the Walook Swamp and the lowlands area bordered by Julia, Henty and Clarke Streets in Portland, and replanting those areas with local native species.
4. To refrain from referring to the payment without reference to the proceedings.
5. To publish a notice in relation to the proceedings.
6. To ensure the notice is to
(a) be in the wording specified in clause 8;
(b) be published within 7 days of the date of the Court Order;
(c) be published in the Early General News section of the Portland Advertiser;
(d) be of a minimum size of 12cm by 3cm columns;
(e) contain the company’s corporate logo.
7. To provide the Informant with a copy of the published notice within 7 days of the notice appearing.
8. [The wording of the notice was specified.]
Costs: $5,820
Reviewed 16 March 2020