Date of offence
Between 12 Sep 2008 and 12 Sep 2008
Type of offence
Contravene condition of licence at Brooklyn on 12.09.2008, contrary to s.27(2).
Date of court hearing
29 January 2010
Date of court order
29 January 2010
Court magistrate
Mr Mellas
Court location
Sunshine
Proceeding number
Y01963774

Court orders made

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

1. To carry out a specified project as detailed below for the public benefit by paying the sum of $40,000 to Hobsons Bay City Council within 30 days of the date of this Court Order.
2. The payment must be used solely to contribute to the following project:
Brooklyn Environmental and Educational Sustainability Program
Under this project, Hobsons Bay City Council will develop the sustainability of the Brooklyn area with three actions:
• Energy-saving retro-fit of local Brooklyn facilities – Francis Sullivan Kindergarten, Brooklyn Hall, Brooklyn Tennis Club and Duane Sporting Pavilion – based on the outcomes of an energy audit of these facilities;
• Development of a community-based tree planting program, which will also act as a local community launch of sustainability workshops and home energy audits; and
• Delivery of a series of workshops on sustainability, covering topics such as reducing energy use in the home, water saving in the home, personal eco-footprint calculation and sustainable gardening.
3. Within 7 days of making the payment of $40,000, 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. Pursuant to section 67AC(2)(a) of the Act, the Accused is ordered to publicise the offence, its consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
6. The notice must contain the Accused’s corporate logo and be:
 (a) in the wording specified in clause 9 below and must not be supplemented by additional text;
 (b) published within 30 days of the date of this Court Order in  the Editorial section or the front part of the Early General News section of the following newspapers:
(i) The Australian Financial Review,
(ii) The Age,
(iii) The Herald Sun,
(iv)  The Williamstown/Altona Mail; and
(v) The Hobsons Bay Leader;
(c) of a minimum size of 12 cm by 3 columns; and
(d) surrounded by a continuous black border.
7. The Accused must provide the Solicitor to the Environment Protection Authority with a copy of each published notice within 7 days of its publication.
8. Within 14 days of the date of this Order, the Accused must post the notice on its website home page (http://sita.com.au/) and maintain it there for 90 consecutive days.
9. [The wording of the notice was specified].

Costs: $10,000

Reviewed 13 March 2020