One of the world’s largest marine terminal operators was convicted today in the Melbourne Magistrates Court on a charge of polluting the atmosphere, and was ordered to pay $80,000 towards the construction of a community garden at Docklands.

EPA Victoria charged DP World Australia Ltd under the Environment Protection Act for pollution of the atmosphere at its facilities in the Port of Melbourne.

Magistrate von Einem found the charge proven, convicted the defendant, and imposed the s67AC Order recommended by EPA. The company was also ordered to pay EPA’s costs of $10,000.

Approximately 1080kg of ethyl acrylate was discharged onto the ground while a container ship was being unloaded by DP World stevedores in September 2007.

The odours from the spill affected dock workers, emergency response officers and members of the public. More than 60 odour reports were received by EPA as a result of the incident, including calls from as far away as Essendon and Ascot Vale.

Ethyl acrylate is used in fibreglass, adhesives and plastics and is classified as a Dangerous Good. According to its Material Safety Data Sheet, the material is “highly discomforting to the upper respiratory tract and lungs, and may be harmful if inhaled.”

Future Canvas will use the $80,000 to build a community garden at Shed 4, Victoria Harbour, Docklands.

EPA Environmental Services director Bruce Dawson said the fine was a warning to DP World Australia that greater caution was required in the handling of Dangerous Goods.

“The spill of ethyl acrylate was a major pollution incident that lasted three days and affected air quality over a wide area of Melbourne,” he said.

“Many employees of the company required medical treatment, along with a couple of fire fighters who attended the spill.

“The use of the $80,000 penalty to create a community garden is a good outcome for the people of Docklands. However, EPA’s preference is that companies take precautions and display vigilance to ensure these kinds of incidents do not occur.”

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