Court orders made

Convicted and ordered pursuant to s.67AC Order:

1. Pursuant to s 67AC(2)(c) of the Environment Protection Act 1970 (“the Act”), West Point (Vic) Pty Ltd ACN 080 142 061 (“the Defendant”) is ordered to carry out two specified projects as detailed below for the restoration or enhancement of the environment in a public place or for the public benefit by paying a total of $160,000 by instalments to the parties in the sums and at the times listed below.
2. The payments must be used solely to carry out the following projects:
• Gould Group Limited (ABN: 64 107 890 433) – Sustainability Wiz – interactive online waste reduction program, Western Suburbs, $80,000 ($20,000 within 30 days; $40,000 within 90 days; $20,000 within 12 months)
This project will trial a new sustainability education program called Sustainability Wiz. The program will work with 8-12 schools in the western suburbs of Melbourne to plan, implement and evaluate a waste reduction program. The program utilises an online learning and auditing program that allows students and teachers to interact and share stories with other schools in the program, access educational information and measure financial and environmental benefits of their activities. The payments will cover teacher training, access to the Sustainability Wiz online tool, development of an auditing tool, program coordination and technical support.
• Mission Australia (ABN: 15 000 002 522) – People and Places – Buna and Malahang Reserve Redevelopment, Heidelberg West, $80,000 ($60,000 within 30 days, $20,000 within 12 months)
These payments will fund the final phase of environmental and amenity improvements to the Buna and Malahang Reserve, located within the Heidelberg West Neighbourhood Renewal community. The works at Buna Reserve will include a community orchard, a vegetable garden, and an indigenous garden, all serviced by a recycled and collected rain water automated irrigation system. The focus of the reserve will be a communal cooking and eating area and compost and semi-permaculture system. Malahang works will provide increased safety and soft fall facilities, additional public seating, play equipment upgrade, bike paths and a community workshop.
The project will be implemented by a social enterprise which will employ, train and support 4-6 disadvantaged people from the local community. Trainees are employed for twelve months and complete accredited vocational training, combined with personal mentoring, with a view to successfully transitioning into the mainstream labour market.
3.   Within 7 days of making each payment, the Defendant must provide the Informant with proof of the payment.  The Defendant is prohibited from referring to any of the payments without reference to these proceedings.
4.   Pursuant to section 67AC(2)(a) of the Act, the Defendant is ordered to publicise the offences, its consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
5. The notice must contain the Defendant’s corporate logo and be:
 (a) in the wording specified in clause 9 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 Maribyrnong Leader; and
(v) The Footscray Mail;
(c) of a minimum size of 12 cm by 3 columns; and
(d) surrounded by a continuous black border.
6.   The Defendant must provide the Informant with a copy of each published notice within 7 days of its publication. 
7. Within 14 days of the date of this Order, the Defendant must post the notice on its website home page (<http://www.westpointvic.com.au/index.html>) and maintain it there for 90 consecutive days.
8. [The wording of the notice was specified.]

Costs: $30,000