Date of offence
Between 06 Oct 2006 and 17 Oct 2006
Type of offence

Pollute waters (make harmful to the health of human beings and aquatic life), contrary to s.39(1)(b) & (c)

Fail to comply with 2 section 62B(1) directions, contrary to s.62B(5)

Place waste where it could gain access to waters, contrary to s.39(3)

Date of court hearing
11 December 2008
Date of court order
11 December 2008
Court magistrate
Mr P. Goldberg
Court location
Melbourne
Proceeding number
X00000995

Court orders made

Without conviction, ordered pursuant to s.67AC of the Act as follows:

1) Pursuant to s.67AC(2)(c) of the Environment Protection Act 1970 (“the Act”), the Defendant is ordered to carry out specified projects as detailed below for the restoration or enhancement of the environment in a public place or for the public benefit by paying a total of $200,000 to the parties listed below by the dates specified below.
2) The payments must be used solely to carry out the following projects.
2.1 Heidelberg West industrial estate project (2009) - $8,000 payable to Banyule City Council by 30/01/2009.
This is a targeted education/assistance project based on a 2008 survey of 120 small businesses potentially discharging pollutants to Darebin Creek.  It involves Melbourne Water, Banyule City Council and local environment groups, including Waterwatch, and will be overseen by Waterwatch.
2.2 Keilor-Werribee Plains flora & fauna conservation promotion project (2009–2010) – $132,000 payable in instalments to Victoria University: $41,300 by 30/01/09; $50,000 by 01/07/09; $40,700 by 01/07/10.

This multi-sequence project is an initiative of the Iramoo Sustainable Community Centre, with leadership from Victoria University. It involves:
• researching to gather data on the history, geology, flora & fauna
• ascertaining community & school data presentation needs
• designing and producing a 10-panel ‘exhibition scenescape’ (x 3)
• designing and producing a website plus printed material for use in schools and the community.
 This project will be overseen by Victoria University.

2.3 Stony Creek revegetation project (2010–2012) – $60,000 payable in instalments to Parks Victoria: $31,760 by 01/12/2010; $8,362 by 01/12/2011; $19,878 by 01/12/2012.
This project involves revegetation at 3 sites abutting the Stony Creek Backwash, and will be overseen by Parks Victoria.

3) Within 14 days of making each payment, the Defendant must provide the Informant with proof thereof.
4) The Defendant is prohibited from referring to any of the payments or projects without referring to these proceedings.
5) Pursuant to section 67AC(2)(a) of the Act, the Defendant is ordered to publicise the offences, their consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
6) The notice must contain the Defendant’s corporate logo and be:
(a) in the wording specified in paragraph 9 below (no additional text);
(b) of a minimum size of 12 cm 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 Australian Financial Review,
(ii) The Age,
(iii) The Herald Sun,
(iv) The Western Times, and
(iv)  The Footscray Mail.
7) The Defendant 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, the Defendant must post the above notice on its http://www.tasmangroup.com.au/index.shtml website home page, and maintain it there for 30 continuous days.
Costs: $30,000

Reviewed 13 March 2020