Court orders made

Convicted on all three charges, fined $50,000 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 $260,000 to “Phillip Island Nature Park” and the sum of $42,445 to “Bass Coast Shire Council” within 60 days of the date of this Court Order
2. The Defendant must provide the Informant with proof of both the payments within 60 days of the date of this Court Order.
3. The payment must be solely used for the purpose of undertaking the following projects (“the projects”):
(1) Volunteer Accommodation – Phillip Island Nature Parks
The purpose of this project is the construction of accommodation for community volunteers participating in Phillip Island Nature Parks projects.  These projects include revegetation programs, pest animal control, penguin study group, honours and PhD students and wildlife management.  Further, the accommodation would house volunteers during the clean-up of any oil spills.
(2) Installation of composting toilet at Cemetery Beach Access – Bass Coast Shire Council
The purpose of this project is the construction of a composting toilet adjacent to the beach access track near Cemetery Beach, Kilcunda Foreshore.  Cemetery Beach currently has no toilet facilities although it is a well known surf fishing location, promoted in the media and on Internet sites such as Fish Victoria and Gone Fishing.  It attracts a variety of public uses including recreational fishers, surfers, walkers and sightseers.  The composting toilet would provide an environmentally responsible method of disposing of human waste in a sensitive and fragile environment.  The composting toilet would also be utilised by users of the adjacent Bass Coast Rail Trail.
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 must be
(a) be in the wording specified in clause 9 below and must not be supplemented by additional text;
(b) be published within 10 days of the date of this Court Order;
(c) be publicised in the following papers:
(vi) San Remo Advertiser
(vii) Gippsland Sentinel Times
(viii) Financial Review
(ix) The Australian
(x) The Age
(xi) Daily Commercial News; and
(xii) Lloyd’s List
(d) be of a minimum size of 12cm by 3 columns;
(e) have a continuous black border surrounding the text;
(f) be published in the front section of the published papers referred to in 6(c), either the Early General News or the Editorials; and
(g) contain the Defendant’s corporate logo.
7. The Defendants must provide the Informant with a copy of each publicised notice within 30 days of the date of the notice appearing.
8. [The wording of the notice was specified.]

Legal Costs:  $72,435.55
Clean Up Costs: $597,639.38
Donation:  $28,000 to the Surf Life Saving Association of Victoria