Date of offence
Between 28 Nov 2007 and 17 Dec 2007
Type of offence
Deposit waste, contrary to s.27(2).
Date of court hearing
15 December 2008
Date of court order
15 December 2008
Court magistrate
Ms C. English
Court location
Broadmeadows
Proceeding number
X02524011

Court orders made

With conviction, ordered pursuant to s.67AC of the Act as follows:

1)   Pursuant to section 67AC(2)(c) of the Environment Protection Act 1970 (“the Act”), TRANSPACIFIC CLEANAWAY PTY LTD (“the Defendant”) is ordered to carry out a specified project as detailed below for the public benefit by paying the sum of $75,000 within one month of this Order to Melbourne’s Living Museum of the West Inc.
2)  The payment must be solely used for the purpose of undertaking the following project:
BILLI TEA TALES
The project will involve Melbourne’s Living Museum of the West Inc, Waterwatch, Gozer Media, Melbourne Water, Environment Victoria and Maribyrnong City Council. 
The project is a waterwatch program educating school groups on local waterways, with indigenous storytelling and clay animation workshops.  The project also involves digital story telling with western metropolitan Friends groups, such as Kororoit Creek, Stony Creek, Newport Lakes and Maribyrnong Valley.  The project raises awareness of waterway Friends groups and encourages community stewardship of the local environment.  In addition, it will attract visitor to Melbourne’s Living Museum of the West and situate the Museum as a central supportive hub for local environment and education activities.  With digital infrastructure in place, the project also opens the way for future digital storytelling projects.
The project will benefit local communities by increasing opportunities to participate in clean up activities through the promotion of Friends groups, and by developing infrastructure which provides a platform for the community to share waterway experiences. Primary school children will also benefit through a holistic approach to environment protection encouraged through fun-filled education of the next generation. 
3) Within 14 days of the payment, the Defendant must provide the Informant with proof of the payment made to Melbourne’s Living Museum of the West Inc (as referred to in paragraph 1 above).
4) The Defendant is prohibited from referring to this payment without reference to these proceedings.
5) Pursuant to section 67AC(2)(a) of the Act, the Defendant is ordered to publicise the offence, its consequences and the penalty and orders imposed by this Court by publishing a notice in relation to these proceedings.
6) The notice referred to in paragraph 5 must:
(a.) be in the wording specified in paragraph 9 below and must not be supplemented by additional text;
(b.) be published within 14 days of the date of this Order;
(c.) be published in the Early General News section of the following newspapers:
(i) The local paper – The Hume Leader
(ii) The local paper – The Hume Weekly
(iii) The local paper – The Maribyrnong Leader
(iv) The Herald Sun
(v) The Age
(vi) The Financial Review
(d.) be of a minimum size of 12cm by 3 columns;
(e.) have continuous black border surrounding the text; and
(f.) contain the Defendant’s corporate logo.
7) The notice must also be displayed in the “News” section of the Defendant’s ultimate parent company (Transpacific Industries Group Ltd) website, www.transpacific.com.au, within 14 days of the date of this Order.  Once the notice is displayed on this website, the notice must remain so displayed for a period of 30 days thereafter.
8) The Defendant must provide the Informant with a copy of each publicised notice within 5 days of the date of the notice appearing.
9) [The wording of the notice was specified]
10) Pursuant to section 67AC (2)(b) of the Act, the Defendant is ordered to notify its shareholders of the offence, its consequences and the penalty and orders imposed by this Court by publishing the notice, in the terms, style, size and format set out in paragraph 6 above in its Annual Report for the year ending 30 June 2009.
11) The Defendant must provide the Informant with proof of the publication of the notice in accordance with paragraph 10 within 30 days of the publication of the Annual Report.
Costs: $50723.53

Reviewed 13 March 2020