AceBreakingNews – The New South Wales Environmental Protection Agency (EPA) is taking legal action against underground coal producer Metropolitan Collieries following two pollution incidents that impacted the waterways of Australia’s oldest national park.

Ace Press News From Cutting Room Floor: Published: Sept.08: 2023: ABC Illawara News Report:

In September last year, conservationists reported seeing a “thick, black custard-like substance” in Camp Gully Creek, which flows into the Royal National Park’s Hacking River and part of the Sydney water catchment area.

The EPA alleges in September and October 2022, Metropolitan Collieries “failed to maintain surface water facilities at the mine site near Helensburgh, which meant they were unable to cope with additional rainfall resulting in two discharges of coal contaminated.”

Under the Protection of the Environment Operations Act 1997, these equate to four alleged offences.

The EPA further alleged, in October 2022, the miner “breached the requirements of an EPA Prevention Notice when it failed to implement preventative actions around water management practices and monitoring, and more stringent water quality standards” — adding to a total of five offences.

In a statement, NSW EPA chief executive Tony Chappel said these incidents were disappointing.

“This pollution incident put both the environment and wildlife at risk not once but twice,” Mr Chappel said.

“The standards we set are critical to protecting the environment and we expect all industries to meet their obligations to ensure our ecosystems are protected for generations to come.

“No-one in NSW wants to see our pristine national parks at risk, especially the local communities that surround them.

Plans to reintroduce platypuses into the Royal National Park were delayed by the NSW government for another nine months due to concerns about water quality following the pollution events.

‘Fines only act as a deterrent’

Greens MP Sue Higginson said she was not surprised to learn the state’s environment watchdog was taking legal action against Metropolitan Colliery and welcomed their pursuit for stricter punishment.

“ We need to do more than retrieve a small amount of money from this corporation”, Ms Higginson said.

“We are talking about a billion-dollar, multi-national corporation. What we know is that these types of corporations simply factor these penalties into their cost-benefit analysis.

“Fines only act as a deterrent if the cost of the fine is worth more than the profit generated by the crime.”

Locals back environment watchdog

Kaye Osborn from the Protect Our Water Alliance says given these pollution events occurred last year, she was not satisfied with the time it took for the EPA to pursue legal action.

“I’m not satisfied with the fines Metropolitan Colliery has previously been handed either,” Ms Osborn said.

“If mines can’t operate without contaminating local waterways, then they shouldn’t be operating at all.

Last weekend, the Protect Our Water Alliance visited Camp Gully Creek and noticed water discolouration.

“You can’t just reverse the impact of these pollution events. It takes a long time for the coal sediment to wash away completely and for those ecosystems to recover,” she said.

“Recent public outcry from even last month’s pollution event reflect that people really do care about these incidents, the Hacking River and, of course, the Royal National Park.

“Why does it even have to get to this point?”

Already restricted licence

In May, the EPA imposed tougher conditions on the mine’s environment protection licence and issued two penalty notices totalling $30,000 for a separate water pollution incident in late November 2022.

Each of the five alleged offences dated to September and October last year carry a maximum penalty of $1 million.

The matter will be heard in the NSW Land and Environment Court next month.

Peabody, who owns Metropolitan Colliery, declined to comment, citing legal reasons. 

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