An avoidable environmental pollution event that led to the death of tonnes of fish, the pollution of Cherry Creek and Lake and the loss of the community's use of the waterway for several weeks has ended with a $120,000 fine in court.
An original fine of $8,000 was successfully appealed by the Director of Public Prosecution in consultation with EPA Victoria as too low given the magnitude of the damage, inconvenience and cost incurred.
In March 2022, a small fire in the Melbourne Transport and Warehousing (MTAW) facility in William Angliss Drive, Laverton North, that was managed with on site fire protection, led to the discharge of thousands of litres of chemicals to Cherry Creek.
A major clean up effort was put in place that lasted several weeks, but in the end, some 20 tonnes of dead fish were removed from the scene.
In November 2024, the court imposed a fine of $8,000 and prosecution costs on MTAW which was appealed. In Court today (15 April 2025), His Honour Judge Lewis imposed a fine of $120,000 and a conviction. MTAW will also pay $80,000 in costs to the EPA. .
"EPA consulted with the DPP which lodged the appeal. It's important to send a clear message to all industry that there will be meaningful penalties for failing to protect the environment," said EPA CEO Lee Miezis.
"While fire management on site at MTAW prevented a major blaze, there were inadequate controls to stop chemicals discharging into a public waterway, at great cost to the community.
"Emergency services, EPA and Melbourne Water all moved quickly to minimise damage but more should have been done before there was an emergency to manage."