Date of offence
Between 21 Aug 2009 and 21 Aug 2009
Type of offence
Permit an environmental hazard at Gellibrand Pier in the State of Victoria on 21.08.09, contrary to s.27A(1)(c).
Background of offence

On 21 August 2009, crude oil was transferred from the ship MT Leyte Spirit to Mobil’s Gellibrand Terminal, the loading arm fractured in high winds causing oil to discharge into the water. During clean-up about 180kg of liquid crude oil was recovered from the water around the Pier, and more than 3000kg of oil-contaminated soil was recovered from St Kilda beach. The spill caused a six-day clean-up operation with the oil coming ashore near the St Kilda penguin colony. The oil was seen in the water near the pier and on St Kilda and Middle Park beaches. The EPA investigation established that the MT Leyte Spirit was not following procedure while at dock, including failing to have appropriate weather forecasting systems in place and ensuring the vessel remained securely birthed alongside the pier. The vessel was owned by Teekay Navion Offshore Loading Pte Ltd

Date of court hearing
30 April 2012
Date of court order
30 April 2012
Court magistrate
Ms A. Bolger
Court location
Melbourne
Reasons for prosecution
In accordance with the  Compliance and Enforcement Policy this matter involved a very high potential risk of environmental harm to highly sensitive marine habitats.

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 benefit by paying the sum of $100,000 to Port Phillip EcoCentre Incorporated within 30 days of the date of this Court Order.
  2. The payment must be used solely to carry out the following project:
    • Yarra (Birrarung) Plume Bay Care Project
    • The purpose of this project is the delivery of eight community “Bay Care events” conducted to engage local St Kilda and bayside suburb residents.  These events will increase the communities’ awareness of catchment pollution, and grow participation in practical environmental protection such as litter collections, oil spill reporting and response training and monitoring of local marine species and water quality.
    • The Accused will pay $100,000 to Port Phillip EcoCentre Incorporated, who will be coordinating the project and codelivering it with Ricketts Point Marine Care, Earthcare St Kilda, Jawbone Marine Sanctuary Care Group and Boon Wurrung Foundation.
  3. Within 7 days of making the payment of $100,000, the Accused must provide the Solicitor to the Environment Protection Authority with proof of 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 and the Environment Protection Authority’s corporate logos and be:
    • in the wording specified in clause nine below and must not be supplemented by additional text;
    • 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:
      • The Australian Financial Review;
      • The Age;
      • The Herald Sun; and
      • Hobsons Bay Leader
    • Of a minimum size of 12cm by 3 columns; and
    • 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 seven days of its publication.
  8. Within 14 days of the date of this Order, the Accused must post a link to the notice on its website home page – http://www.tknol.com and maintain it there for 90 consecutive days.

[The wording of the notice was specified].

Costs: $100,000

Reviewed 13 March 2020