Failed mining subsidence remediation lands Orica in court

Orica is in trouble again - this time for allegedly polluting waters in the Sugarloaf State Conservation Area (SCA) after failed attempts to remediate mining subsidence near Newcastle. The damage is alleged to have occurred between 30 March and 4 June 2013.

The Office of Environment and Heritage (OEH) and the NSW Environment Protection Authority (EPA) have commenced proceedings against Orica in the Land and Environment Court.

Prosecutions were brought following investigation by OEH’s Special Investigation Unit, which carried out the work under both EPA and OEH legislation.

“As a result of those detailed investigations, two separate charges under the respective legislations have been brought against the company contracted to undertake the remediation,” said Ann King, head of OEH’s National Parks and Wildlife Service.

“The charge of damaging the SCA is being brought by OEH and carries a maximum penalty of $1.1 million.”

Mark Gifford, the EPA’s chief environmental regulator, says the charge being brought by the EPA of polluting waters carries a maximum penalty of $1 million.

“Following an incident last year, it is alleged that grout leaked on the surface, solidifying in an ephemeral drainage channel over a distance of more than 250 metres,” said Gifford.

“This prosecution sends a clear message that government agencies take matters of environmental harm very seriously.”

An interagency governmental working party, chaired by the Department of Planning and Infrastructure, is addressing the impacts of the incident and ensuring environmental damage is minimised. Following the incident, strong concerns for public safety remain as areas within the SCA are subject to subsidence and cliff falls. Areas of concern have been signposted and on-site security remains in place 24 hours a day