Date of offence
Between 15 May 2008 and 15 May 2008
Type of offence
Pollute waters and make harmful or potentially harmful to animals, birds, wildlife, fish and other aquatic animals, at Wantirna on 15.05.2008, contrary to s.39(1)(c).
Date of court hearing
19 February 2010
Date of court order
19 February 2010
Court magistrate
Ms K. Hawkins
Court location
Ringwood
Proceeding number
Y02632209

Court orders made

Without Conviction and ordered pursuant to s.67AC Order:

1. To carry out specified projects as detailed below for the public benefit by paying the total of $80,000 to the parties listed below by the dates specified below.
2. The payments must be used solely for the purpose of carrying out the following projects:
 Australian Platypus Conservancy Inc – Yarra Platypus Count – Yarra River catchment, $55,000.
This Australia Platypus Conservancy (APC) project is a systematic, community-based platypus monitoring program for the Yarra River, to be directed by Dr Melody Serena, a leading platypus biologist.  Community participation includes a mix of river users, local councils and community groups.  There is also a schools education component.  The monitoring data will be analysed to create an on-going indicator of water quality and measure of habitat condition.  Once applied to optimise the Yarra habitat, the data will be available for use by agencies and community groups in protecting other platypus populations and revitalising freshwater habitats, thereby encouraging platypuses to re-establish where they have declined or disappeared.
 Darebin Creek Management Committee Inc – Darebin Creek Catchment Community Education Program – Darebin Creek catchment, $25,000.
The project, to be run by the Darebin Creek Management Committee (DCMC), will purchase a portable classroom and assist schools to design and create habitat gardens along the Darebin Creek.  DCMC is a catchment-based group coordinating environmental restoration and education activities across four councils.  DCMC works with Friends of Darebin Creek, Darebin Parklands Association and Latrobe University, and delivers community education programs to over 65 schools in the Darebin Creek catchment.  The portable classroom will provide much needed shelter from extreme weather, enabling DCMC to deliver more programs, more frequently to more groups.
3. Within 14 days of making each payment, Scott’s must provide the Informant with proof thereof.
4. Scott’s is prohibited from referring to any of the payments or projects without referring to these proceedings.
5. Pursuant to s.67AC(2)(a) of the Act, Scott’s is ordered to publicise the offence, its consequences and the penalty and orders imposed by this Court by publishing a notice about these proceedings.
6. The notice must contain Scott’s corporate logo and be:
(a) I the wording specified in paragraph 8 below and not supplemented by additional text;
(b) Of a minimum size of 12cm by 3 columns;
(c) Surrounded by a continuous black border; and
(d) 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 :
(i) The Financial Review,
(ii) The Age,
(iii) The Herald Sun,
(iv) The Knox Journal, and
(v) The Knox Leader.
7. Scott’s must provide the Informant with a copy of each notice within 14 days of its publication.
8. [The wording of the notice was specified].
9. Within 7 days of the date of this Order, Scott’s must display the above notice on the “News” section of its website, and maintain it there for 60 continuous days.

Costs: $50,000

Reviewed 13 March 2020