Date of offence
Between 31 Mar 2004 and 31 Mar 2004
Type of offence
Pollute atmosphere (make harmful or potentially harmful to the health, welfare, safety or property of human beings) at Campbellfield on 31.03.04, contrary to s.41(1)(b).
Date of court hearing
25 January 2006
Date of court order
25 January 2006
Court magistrate
Mr A. Spillane
Court location
Broadmeadows

Court orders made

Without conviction and ordered pursuant to s.67AC of the Act:

1. To carry out a specified project as detailed below for the public benefit by paying the sum of $30,000 by 15 April 2006 to Merri Creek Management Committee Inc.
2. The payment must be solely used for the purpose of undertaking the following project:
Learning through action – tackling pollution and habitat loss at Galada Tamboore, Campbellfield
The purpose of this project is environment restoration work and stormwater education initiatives at Galada Tamboore, Campbellfield.  Galada Tamboore is an important conservation area with sites of environmental significance adjacent to Merri Creek.  The area currently suffers from invasion of weeds which threatens habitat values and biodiversity, and various pollution impacts such as rubbish dumping and poor stormwater quality.
The project will benefit local and regional flora and fauna through improved habitat values and provide for ongoing environmental management of the area.  Further, it will develop and promote education opportunities in respect of the environment for residents and local industry.
3. Within 14 days of the payment, the Defendant must provide the Informant with proof of payment made to Merri Creek Management Committee 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 clause 9 below and must not be supplemented by additional text;
(b) be published within 30 days of the date of this Court Order;
(c) be publicised in the Early General News or the Editorials section of the following papers:
(i) The Hume Leader
(ii) The Hume Star
(iii) Herald Sun
(iv) The Age;
(d) be of a minimum size of 12cm by 3 columns;
(e) have a continuous black border surrounding the text;
(f) contain the Defendant’s corporate logo.
7. The notice referred to paragraph 5 must also be displayed on both the “community & environment” and “media centre” pages of the Defendant’s website, www.hineswaste.com.au, within 30 days of the date of this Court Order.  Once the notice must remain so displayed for a period of 40 days thereafter.
8. The Defendant must provide the Informant with a copy of each publicised notice within 14 days of the date of the notice appearing.
9. [The wording of the notice was specified.]

Costs: $10,618.87

Reviewed 3 October 2023