Type of offence

Charges: 1. Struckout - withdrawn

2. Struckout - withdrawn

3. Struckout - withdrawn

4. Did pollute waters and make detrimental for uses at Richmond on 16.01.2018, contrary to s.39(1)(e).

5. Did cause an environmental hazard at Richmond on 16.01.2018, contrary to s.27A(1)(c).

Background of offence

On 23 May 2019, at the Melbourne Magistrates' Court, Porsche Retail Group Pty Ltd pleaded guilty to one charge of water pollution and one charge of causing or permitting an environmental hazard to the waters of Yarra River in Abbotsford on or about 16 January 2018, in contravention of s.39(1)(e) and s.27A(1)(c) of the Environment Protection Act 1970 (VIC) (EP Act).

Summary of the Pollution Incident:

Porsche Retail Group Pty Ltd polluted the waters and caused an environment hazard relating to the unlawful discharge of oil which originated from the premises in an overfilled Underground Waste Oil Storage Tank (the 'UST') into the Yarra River in Abbotsford. The oil was pumped up onto the roof of the Accused's premises through the UST and entered the gutter on the roof which fed into the stormwater drain. The oil then travelled through the stormwater drain, in the underground stormwater infrastructure beneath the driveway of the premises and into the stormwater pit for approximately 2 km, before entering the Yarra River at the end of Walmer Street, Abbotsford.

Court Hearing:

The matter proceeded as a plea hearing before His Honour Magistrate Pillai. In summary, His Honour handed down the following sentence without conviction:

a) Publication order pursuant to 67AC of the EP Act in the Age newspaper;

b) Ordered Porsche to pay $100,000.00 to the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation under s.67AC for the community project. The Corporation have developed an innovative and holistic approach to creek restoration - they will integrate traditional Wurundjeri Country management techniques, with contemporary water management technologies. The project will rehabilitate the riparian zone and improve the water quality of the environmentally and culturally important area of the confluence of the Merri Creek and Birrarung (the Yarra River) by:

  • Re-vegetating Birrarung and Merri banks;
  • Improving water quality management;
  • Educating the local community on the cultural significance of the area to Wurundjeri Woi Wurrung people; and
  • Researching and reintroduce native shellfish; and

c) Pay $32,546.62 in EPA costs.

Date of court hearing
23 May 2019
Date of court order
23 May 2019
Court magistrate
S N Pillai
Court location
Melbourne
Proceeding number
J12837769

Court orders made

Court Order passed down from Magistrate S N Pillai on 23rd May 2019:

This is an aggregate order that relates to charges 4 and 5.

Without conviction, I order that Porsche Retail Group Australia Pty Ltd pay $100,000 to the Wurrundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation as part of the project agreed to develop innovative and a holistic approach to creek restoration. 

The payment is stayed for a period of 30 days from this date.

Porsche Retail Group Pty Ltd (Accused) ordered to pay costs in the amount of $32,546.62.

I also order that Porsche Retail Group Australia Pty Ltd publish, pursuant to section 67AC of the EPA 1970 a notice in accordance with the Act. Copy of the order attached.

Stay to 23/6/2019.

Reviewed 3 October 2023