Date of offence
Between 12 Dec 2008 and 12 Dec 2008
Type of offence
Permit an environmental hazard at Reservoir on 12.12.2008, contrary to s.27A(1)(c).
Background of offence
Visy Paper Pty Ltd was investigated as a result of an incident on 12 December 2008 at its Reservoir premises. The incident occurred when a contractor for Omega Chemicals made an 18,000 litre delivery of sodium hypochlorite to Visy.  The investigation revealed that the driver connected his truck to the wrong tank, emptying sodium hypochlorite into the poly aluminium chloride tank. The resulting chemical reaction released a yellow plume of chlorine gas. The Metropolitan Fire Brigade evacuated the Visy premises, surrounding businesses and the Lakeside Secondary College. Fourteen people were taken to hospital for eye and lung irritation. All were discharged later that day.The investigation revealed that the incident would not have occurred if Visy Paper Australia Pty Ltd  had locks installed on the inlet valves. Since the accident, padlocks were installed on each inlet valve and the keys were secured in a locked box.
Date of court hearing
17 August 2010
Date of court order
17 August 2010
Court magistrate
Mr M. Sargent
Court location
Heidelberg
Reasons for prosecution
In accordance with the Compliance and Enforcement Policy, this matter involved actual environmental impact on the local community and a substantial degree of culpability.

Court orders made

Without Conviction and ordered pursuant to s.67AC Order:

  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 $100,000 to City of Darebin (ABN: 75 815 980 522) within 30 days of the date of this Court Order.
  2. The payment must be used solely to carry out the following project:
    Edwardes Lake: Circling the Lake Project
    • The project involves a suite of actions to improve the environment surrounding Edwardes Lake in Reservoir, in consultation with the local community:
      • Revegetation of the western lake fringe through community planting days
      • Installation of lighting to improve the safety and accessibility of the lake area
      • Creation and installation of interpretive signage at Edwardes Lake and into the Edgars Creek corridor
      • Community and school education events and activities linked to the above, including a water pollution education program
      • Community space recycling trial
      • Media and communications strategy to support the above.
  3. Within 7 days of making the payment, 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 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 9 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
      • The Preston Leader
    •  of a minimum size of 12 cm 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 the notice on its website home page http://www.visy.com.au/ and maintain it there for 90 consecutive days.

[The wording of the notice was specified.]

Cost: $8,738.82

Reviewed 13 March 2020