Date of offence
Between 12 Feb 2002 and 12 Feb 2002
Type of offence
Pollute waters (make harmful to fish or other aquatic life) at Fairfield on 12.02.02, contrary to s.39(1)(c) and s.39(5) of the Act.
Date of court hearing
10 February 2004
Date of court order
10 February 2004
Court magistrate
Mr Martin
Court location
Heidelberg

Court orders made

Without conviction, fined $20,000.  Ordered pursuant to s.67AC of the Act:

1. To carry out a specific project for the public benefit by paying the sum of $10,000 within 30 days of the date of the court order to the City of Yarra.
2. Provide E.P.A. with a report no later than two months from the date of the Court Order, that confirms that the Payment has been made for the purpose of undertaking the following project and of the status of the project at the time of the report:
 Establishment of a community environmental educational resource centre to be located at Alphington Primary School involving:
a) Mobile Classroom – $30,000
b) Development of educational materials – $15,000
c) Purchase of equipment and training for Waterwatch program – $5,000
d) Purchase of home energy audit kits – $500
e) Retrofitting mobile classroom’s guttering and school’s existing rainwater tank for irrigation of school vegetable garden – $7,500
f) Five “Sustainability in the Home” Workshops for the community – $2,000
  Subject to a maximum of $10,000.
3. Toll is to refrain from referring to the establishment of the project or the Payment without reference to these proceedings.
4. Pursuant to the s.67AC(2)(a) of the Act, Toll is ordered to publicise the offence, its consequences and the penalty and orders imposed by the Court by publishing a notice in relation to these proceedings.
5. The notice is to:
a) be in the wording specified in clause 8 below;
b) be published within 10 days of the date of the Court Order;
c) be published in the Early General News section of the following newspapers:
i) The Herald Sun
ii) Northcote Leader
iii) The Financial Review
d) be of a minimum size of 12 cm by 3 columns;
e) contain Toll’s corporate logo and the website address of the Toll Group – www.toll.com.au
6. The notice is also to be displayed in the “news” section of the Toll group website – www.toll.com.au – and published in the next edition of Toll Today.
7. Toll is to provide the Informant with a copy of each publicised notice within 10 days of the date of the notice appearing.
8. (This clause set out the wording of the notice.)
 
Costs: $5,879.95

Reviewed 13 March 2020