Court orders made

Convicted 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 $50,000 within one month of this Order to Merri Creek Management Committee Inc.
2. The payment must be solely used for the purpose of undertaking the following project:
NEARY NATURE: FOCUS ON GALADA TAMBOORE, CAMPBELLFIELD
The project involves riparian restoration work at Galada Tamboore and a highly consultative community engagement program.  Galada Tamboore is a natural island amongst Campbellfield’s industrial and residential landscape.  The riparian restoration work involves weed control, revegetation works and consolidation of remnant vegetation which will result in an area capable of supporting resident wildlife.  In conjunction with diverse community groups, the Merri Creek Management Committee Inc (MCMC) will develop and deliver ecotours to promote environmental values and raise issues concerning pollution, urban development, the intrinsic value of nature, and the background to policy and management of the environment.  The MCMC will also run a school program involving field observations, guided walks and water quality testing in order to boost respect for the natural environment amongst the local school community.  Merri Creek is a habitat corridor of regional-state significance, and provides important open space for people from the local and regional community.
The project will benefit local communities through opportunities to learn about the Galada Tamboore area and strengthen community relationships.  Local and regional flora and fauna will also benefit through improved habitat quality along the Merri Creek habitat corridor.
The project will involve Merri Creek Management Committee Inc, Melbourne Water, Hume City Council, Friends of Merri Creek, and local residents and schools.
3. Within 14 days of the payment, the Defendant must provide the Informant with proof of the 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 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 Herald Sun
iv. The Age
v. 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 2008.
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: $10,000