Date of offence
Between 25 Jan 2009 and 25 Jan 2009
Type of offence
Cause an environmental hazard at Yarraville on or about 25.01.09, contrary to s.27A(1)(c).
Background of offence
On 25 January 2009  pollution was discharged front the Yarraville premises of Swift Australia (Southern) Pty Ltd .The incident was the result of an ucontrolled clean-out out of animal effluent from under the sheep and cattle holding yards, with the effluent discharged into a stormwater drain that ultimately flowed into Stony Creek. Stony Creek flows through several small parks in Yarraville, then through West  Gate Golf Course.
Remedial action taken by EPA
None
Swift Australia (Southern) Pty Limited undertook a clean up of the affected waterway.
Date of court hearing
15 December 2010
Date of court order
15 December 2010
Court magistrate
M J. Bentley
Court location
Sunshine
Reasons for prosecution
In accordance with the  Compliance and Enforcement Policy this matter involved a high potential risk of environmental harm to sensitive aquatic habitats.

Court orders made

Without conviction, fined $10,000 and ordered pursuant to s.67AC:

  1. To carry out the project specified below for the restoration or enhancement of the environment in a public place or for the public benefit by paying $50,000 to the Brooklyn Residents Action Group Inc. by the date specified below.
  2. The payment must be used solely for the purpose of carrying out the following project.
    Area: Brooklyn Federation Trail and D. N. Duane Reserve.
    Locn: Between Geelong and Millers Rds, Brooklyn.
    Summary: To develop a green open space area for use by all of the local community.  The project will include tree planting and the installation of picnic facilities, culminating with a community planting day and celebration.  The project aims to develop greater connections between the community and residents to their local environment.
    Oversight: The project will be overseen by Hobson’s Bay City Council.
    Due date: The payment is due on the 15th of March 2011.
  3. Within 14 days of making the payment, the Offender must provide the Informant with proof thereof.
  4. The Offender is prohibited from referring to the payment or the project without referring to these proceedings.
  5. Pursuant to section 67AC(2)(a) of the Act, the Offender 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 the Offender’s corporate logo and be:
    • in the wording specified in paragraph 9 below and not supplemented by additional text;
    • of a minimum size of 12cm by 3 columns;
    • surrounded by a continuous black border; and
    • 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.]

Within 14 days of the this Order, Swift must display the above notice under a new heading, “Court case”, inserted on the Home page of the following website http://www.jbsswift.com.au/index.asp - between the existing headings “Home” and “About us”, and maintain that new heading plus the notice there for 60 continuous days.

Costs: $13,733.30

Reviewed 13 March 2020