Date of offence
Between 21 Sep 2010 and 21 Sep 2010
Type of offence
1. Pollute waters and make poisonous at Laverton North on 21.09.10, contrary to s.39(1)(a).
2. Disobey conditions of licence at Laverton North, contrary to s.27(2).
Background of offence
On 21 September 2010 Schutz DL (Australia) Pty Ltd discharged herbicide from its Laverton north site into a nearby creek. The unintentional discharge occurred when a recently installed pipe temporarily connected Schutz's wastewater treatment plant to the stormwater system, so that wastewater containing chemicals flowed into the local drain and then into Cherry Creek. The main chemical was Trifluralin, an herbicide that is toxic to aquatic life. Just below the end of the stormwater drain where the Trifluralin first entered Cherry Creek, EPA samples showed a concentration over 500 times higher than the ANZECC recommended level for aquatic protection. The EPA investigation revealed that, although the creek was a degraded waterway at the discharge point, it  flowed into Cherry Lake in Altona – a valuable habitat for wetland plants and water birds.
Remedial action taken by EPA
Other

On the day of the incident, Schutz complied with EPA officer instructions to shut down its wastewater system and install sandbags to stop the discharge.
Date of court hearing
20 September 2012
Date of court order
20 September 2012
Court magistrate
Mr M. Grinberg
Court location
Sunshine
Reasons for prosecution
in accordance with the Compliance and Enforcement Policy, this mater involved a the potential risk for substantial environmental harm. This was exacerbated by the proximity of the spill to a sensitive aquatic habitat.

Court orders made

Without conviction, ordered pursuant to s.67AC:

  1. To carry out a specified project as detailed below for the restoration or enhancement of the environment in a public place or for the public benefit by paying the sum of $40,000 to Western Melbourne Catchment Networks Inc. within 30 days of this Court Order.
  2. The payment must be used solely for the environmental project in an area adjacent to Cherry Creek near Cherry Lake.  The project will involve weed clearing, building a rabbit-proof fence, then restoring the area to its natural state by planting indigenous grasses.
  3. Within 7 days of making the payment, the Accused must provide the Solicitor to the Environment Protection Authority with proof of the payment.
  4. The Accused is prohibited from referring to this payment without reference to these proceedings.
  5. To publicise the offences, its consequences and the penalty and orders imposed by this Court by publishing a notice about these proceedings
  6. The notice must contain the Offender’s corporate logo and be:
    • in the wording specified in paragraph 4 below and not supplemented by additional text
    • of a minimum size of 12cm by 3 columns
    • surrounded by a continuous black border
    • published within 60 days of the date of this Order in the Editorial section or the front part of the Early General News section of:
      • The Age
      • The Herald Sun.
  7. The Offender must provide the Informant with a copy of each notice within 14 days of its publication

[The wording of the notice was specified.]

Costs: $15,000

Reviewed 13 March 2020