Date of offence
19 Aug 2014
Type of offence

Pollute waters so that the condition of the waters was so changed as to make or be reasonably expected to make those waters poisonous, harmful or potentially harmful to plants or other vegetation at Preston on 19.08.2014, contrary to s.39(1)(d).

Background of offence

In August 2014, EPA Investigators were alerted to possible pollution of Darebin Creek. They inspected a drain outlet at the Creek where it crosses Darebin Road at Ivanhoe and found the waters turbid, white blue tinged and with a PVA glue-like odour.

Tracing the flow back along the drain system and with the help of Melbourne Water to gain access to water inspection pits, the Investigators established the leak was coming from Tuftmaster’s Cope Street, Preston factory. The factory processes latex for carpet backing. The Investigators took samples of latex in a liquid form collecting in a bucket before overflowing into a covered drain.

Date of court hearing
21 June 2017
Date of court order
21 June 2017
Court magistrate
S M Wakeling
Court location
Heidelberg
Proceeding number
G13452697

Court orders made

Without conviction, signed an undertaking to be of good behaviour for a period of 12 months, 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 a public benefit, by paying the sum of $25000 to the Darebin Creek Management Committee (DCMC).
  2. The payment must be used solely to carry out the following project:

Keep it Clean – Darebin Creek Preston

DCMC is aiming to improve the Preston area of the Darebin Creek by conducting the following activities:

  • DCMC will deliver the Darebin Creek Education Program in the Preston area including schools and community events such as the Darebin Creek Festival at Northland Shopping Centre to continue awareness raising and community involvement in beatifying and protecting the Darebin Creek.
  • DCMC will support and work in collaboration with local community groups working in the area including Darebin Creek Sweepers and Friends of Darebin Creek in beautifying and improving ecological values of the Darebin Creek.
  • DCMC will conduct drain labelling including a large interpretive sign and flyer to encourage pollution reporting in the area and interpretive signage at Southern Road Wetland in collaboration with the above community groups as water pollution is a key issue in the area.
  1. Within thirty (30) days of making the payment of $25,000, the Accused must provide the solicitor to the EPA with proof of the payment.
  2. The Accused is prohibited from referring to this payment without reference also being made to these proceedings.
  3. Pursuant to s.67AC(2)(a) of the EP Act 1970 (“the Act”), the Tuftmaster Carpets Pty Ltd (“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.
  4. The notice must contain the Accused’s and the EPA’s corporate logos and be:

(a)     In the wording specified in clause 8 below and must not be supplemented by additional text;

(b)     Published within 30 days of the date of the Court Order in the Editorial section or the front part of the Early General News section of the following newspapers:

(i)   The Preston Leader.

(c)   Of a minimum size of 12 cm by 3 columns; and

(d)   Surrounded by a continuous black border.

  1. The Accused must provide the Solicitor to the EPA with a copy of the published notice within seven days of its publication.
  2. [The wording of the notice was specified].

Costs: $9,355.33

Reviewed 13 March 2020