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ENVIRONMENTAL CLEAN TECHNOLOGIES LIMITED. Director's Dealing 2009

Jun 18, 2009

64819_rns_2009-06-18_ed9dfcde-db26-4a76-960b-45fefa7b0b32.pdf

Director's Dealing

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Environmental Clean Technologies Limited

ABN 28 009 120 405

17 June 2009

Kate Kidson Principal Adviser Issuers - Melbourne ASX Limited GPO Box 1784 Melbourne, 3001

Dear Kate,

Change of Director’s interest notices

I refer to your letter of 15[th] June 2009. The Company’s responses are as follows.

  1. The Appendix 3Y in question applied to some shares and options that were issued under the Company’s Share Purchase Plan and some shares and options that were issued as part of the shortfall following the close of the Share Purchase Plan. The Appendix 3Y were lodged late in respect of the shares and options that were issued under the Share Purchase Plan. It was felt at the relevant time that it would be administratively simpler to notify all of the issues at one time, and it was not expected that the delay between finalisation of the Share Purchase Plan and finalisation of shortfall allocations would be substantial. This was a decision of the Company, not the directors.

  2. The Company has a policy in place under which the directors must advise the Company when they have traded in shares. In this case both directors in question complied with the policy in that they advised the Company that they would participate in the Share Purchase Plan and the shortfall.

  3. The Company believes the arrangements in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19B are adequate, and are being enforced.

Directors will be regularly reminded to notify the Company of any trades by them individually or beneficially.

Yours sincerely,

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Jan Macpherson Company Secretary 03 96840888

Level 1/530 Little Collins Street � Melbourne � Victoria 3205 � Australia � +61(0)3 96840888 � www.ectltd.com.au

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ASX Markets Supervision Pty Ltd ABN 26 087 780 489 Level 45 South Tower 525 Collins Street Melbourne VIC 3000

GPO Box 1784 Melbourne VIC 3001

15 June 2009

Telephone 61 3 9617 7831 Facsimile 61 3 9614 0303 www.asx.com.au

Ms Jan Macpherson Company Secretary Environmental Clean Technologies Limited Suite 802, Level 1 530 Little Collins Street MELBOURNE VIC 3000

By email only

Dear Jan

Environmental Clean Technologies Limited (the “Company”) Appendix 3Y – Change of Director’s Interest Notice

We refer to the following;

  1. The Appendix 3Y lodged by the Company with ASX on 11 June 2009 for Mr John Hutchinson;

  2. The Appendix 3Y lodged by the Company with ASX on 11 June 2009 for Mr Dennis Brockenshire.

  3. Listing rule 3.19A which requires an entity to tell ASX the following:

  4. 3.19A.1 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the following times.

    • On the date that the entity is admitted to the official list.

    • On the date that a director is appointed.

    • The entity must complete Appendix 3X and give it to ASX no more than 5 business days after the entity’s admission or a director’s appointment.

  5. 3.19A.2 A change to a notifiable interest of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust). The entity must complete Appendix 3Y and give it to ASX no more than 5 business days after the change occurs.

  6. 3.19A.3 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the date that the director ceases to be a director. The entity must complete Appendix 3Z and give it to ASX no more than 5 business days after the director ceases to be a director.

  7. Listing rule 3.19B which states as follows.

An entity must make such arrangements as are necessary with a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) to ensure that the director discloses to the

entity all the information required by the entity to give ASX completed Appendices 3X, 3Y and 3Z within the time period allowed by listing rule 3.19.A. The entity must enforce the arrangements with the director.

  1. The Companies Update dated 27 June 2008, reminding listed entities of their obligation to notify ASX within 5 business days of the notifiable interests in securities held by each director and outlining the action that ASX would take in relation to breaches of listing rules 3.19A and 3.19B.

As the Appendices 3Y indicate that changes in the directors’ relevant interests occurred on 8 May 2009, it appears that the Directors’ Notices should have been lodged with ASX by 15 May 2009. Consequently, the Company may be in breach of listing rules 3.19A and/or 3.19B. It also appears the directors concerned may have breached section 205G of the Corporations Act.

Please note that ASX is required to record details of breaches of the listing rules by listed companies for its reporting requirements.

ASX reminds the Company of its contract with ASX to comply with the listing rules. In the circumstances ASX considers that it is appropriate that the Company make necessary arrangements to ensure there is not a reoccurrence of a breach of the listing rules.

Having regard to listing rules 3.19A and 3.19B and Guidance Note 22: “Director Disclosure of Interests and Transactions in Securities - Obligations of Listed Entities”, we ask that you answer each of the following questions:

  1. Please explain why the Appendices were lodged late.

  2. What arrangements does the Company have in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19A?

  3. 3 If the current arrangements are inadequate or not being enforced, what additional steps does the Company intend to take to ensure compliance with listing rule 3.19B?

Your response should be sent to me by return e-mail or by facsimile on facsimile number (03) 9614 0303. It should not be sent to the Company Announcements Office.

A response is requested as soon as possible and, in any event, not later than half an hour before the start of trading (ie before 9.30 a.m. A.E.S.T.) on Wednesday, 17 June 2009.

Under listing rule 18.7A, a copy of this query and your response will be released to the market, so your response should be in a form suitable for release and should separately address each of the questions asked. If you have any queries or concerns, please contact me immediately.

Yours sincerely,

Sent by electronic means without signature

Kate Kidson Principal Adviser, Issuers (Melbourne)