Court orders made

Without conviction, 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 $25,000 in the following instalments, and by the following dates, to Cardinia Environment Coalition Inc. (“CEC”). 
  $10, 000  Due by Thursday 30 November 2006
  $5,000  Due by Monday 18 December 2006
  $5,000  Due by Monday 22 January 2006
  $5,000  Due by Monday 19 February 2006
2. The payment must be solely used as a contribution for the purpose of undertaking the following project:
Kooweerup Swamp Conservation Project
 The purpose of this project is conservation work in the Bayles/Cardinia area of the Kooweerup Swamp.  This area (including the adjacent Yallock Creek) is a Site of State Biological Significance due to the presence of the Southern Brown Bandicoot, the Growling Grass Frog and the Dwarf Galaxias Fish.  Yallock Creek also contains endangered Swampy Riparian Woodland and Swamp Scrub vegetation.  The area currently suffers from weed infestations, which reduces the amount of available indigenous vegetation required for food and shelter by the relevant fauna species.  Further, the current presence of foxes negatively impacts on the fauna species, including the Southern Brown Bandicoot.
 The Department of Sustainability and Environment has also finalised arrangements for the leasing of a parcel of Crown Land adjacent to Yallock Creek (“Bandicoot Corner”).  This will enable the CEC to undertake conservation works on this significant site, which contains populations of some of the threatened animals. The project will involve CEC undertaking extensive Landcare works on this land.
 The project will benefit local and regional flora and fauna by weed control, revegetation works, and coordinated fox control and fencing.  This will assist in the recovery of the three nationally significant fauna species and enhancement of endangered Ecological Vegetation Classes.
3. Within 14 days of each payment (as itemised in paragraph one above), the Defendant must provide the Informant with proof of the payment /s made to the CEC (as referred to in paragraph one above).
4. The Defendant is prohibited from referring to any payment (as referred to 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 8 below and must not be supplemented by additional text;
b. be published within 130 days of the date of this Court Order;
c. be published in the front section of the Early General News or the Editorials section of the following papers:
1. The Pakenham Gazette,
2. The Pakenham News, and
3. The Herald Sun
d. be of a minimum size of 12cm by 3 columns;
e. have a continuous black border surrounding the text;
f. contain the Defendant’s corporate logo.
7. The Defendant must provide the Informant with a copy of each publicised notice within 14 days of the date of the notice appearing.
8. [The wording of the notice was specified.]

Fined: $35,000

Costs: $5,000