Date of offence
Between 06 Aug 2011 and 06 Aug 2011
Type of offence

1.    Pollute atmosphere and make harmful to the senses of human beings at Portland on 06.08.11, contrary to s.41(1)(a).

2.    Contravene conditions of licence at Portland on 06.08.11, contrary to s. 27(2).

Date of court hearing
15 April 2013
Date of court order
15 April 2013
Court magistrate
Mr J. Klestadt
Court location
Portland
Proceeding number
C13316971

Court orders made

Convicted and 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 public benefit by paying the sum of $80,000 to Portland Community Garden Landcare Group. within 30 days of the date of this Court Order.
2. The payment must be used solely to carry out the following project:
The Portland Community Garden project aims to develop a large community garden on the old Portland High School site.  The garden will include an indigenous garden, community vegetable garden, an interpretive walk, orchard, nursery, an education shelter, men’s shed, cooking area, small wood plantation and native plants section.  Vegetable plots will be available for community members.  Support from the indigenous community will help establish a meandering interpretive walk around the site featuring native plants used as a food source.  The project will be co-ordinated by Portland Community Garden Landcare Group, with key project partners being: South West Coastal Action Network, Portland Men’s Shed, Dhauwurd-Wurrung Elders & Community Health (DWECH) and the Portland Sustainability Group.
3. Within 7 days of making the payment of $80,000, the Accused must provide the Solicitor to the Environment Protection Authority with proof of the 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 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 Accused’s and the Environment Protection Authority’s corporate logos and be:
(a) In the wording specified in clause nine below and must not be supplemented by additional text;
(b) 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:
(i) The Australian Financial Review;
(ii) The Age;
(iii) The Herald Sun;
(iv) The Portland Observer; and
(v) The Standard (Warrnambool);
(c) Of a minimum size of 12cm by 3 columns; and
(d) 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 the notice on its website home (www.transpacific.com.au) and maintain it there for 90 consecutive days.
9. [The wording of the notice was specified].

Costs: $10,000

Reviewed 13 March 2020