The New South Wales environment watchdog has lodged a case in the state’s Land and Environment Court against the owner of Vales Point Power Station over a fish kill in Lake Macquarie.
Key points:
- The NSW EPA is set to take legal action against power station owner Delta Electricity
- The action relates the second of two fish kills that occurred in 2022
- Delta Electricity said it was not aware of the legal proceedings
The fish kill took place at Mannering Park in September 2022 and the Environmental Protection Authority (EPA) has been investigating since.
In a statement, Delta Electricity told the ABC the company had not been made aware of the case.
“Delta understands that the EPA has commenced proceedings related to the fish kill event in September 2022,” said a spokesperson.
“At this point Delta has not been provided with a copy of the allegations so is unable to comment further.
“Delta takes these allegations seriously and will consider its response once the details are properly provided by the EPA.
“As the matter appears to now be before the courts it is also inappropriate for Delta to comment further at this time”.
There were two fish kill events in the area in 2022, but the EPA concluding an earlier event that occurred in August of that year was likely from natural causes.
Kills investigated
The EPA alleged Delta Electricity failed to maintain a chlorine dosing plant in “proper and efficient condition”, which it said led to sodium hypochlorite being discharged into the water.
NSW EPA chief executive Tony Chappel said the authority’s investigation found that Delta “could have prevented the fish kill if they had adequate equipment and processes in place”.
“We’re pleased that Delta have upgraded their systems and the water quality in the lake has returned to normal levels,” he said, in a statement.
“We will continue to ensure Delta acts in accordance with its environmental responsibilities to prevent future events and protect the environment in Lake Macquarie.
“We know this was a distressing event for the community and I want to thank them for their patience as we worked through the investigation.”
‘Growing community concern’
Hunter-based Environmental Defenders Office lawyer Jocelyn McGarity told ABC Radio Newcastle the power station had been on the community’s radar for years.
“There’s been growing community concern about the way that the Vales Point Power Station has been regulated,” she said.
“Vales Point also releases really toxic pollution into our air, things like mercury, nitrogen oxides, and also super toxic fine particles.
“So … we’re really glad to see the EPA taking a tougher approach … and it’s fantastic to see them showing their teeth.”
Hunter Community Environment Centre co-ordinator Jo Lynch said community members saw “hundreds of fish littering the shores” after the kills.
“There were also fish floating in the bay and there were quite large white spotted eagle rays found to be washed up near the Wyee Point Marina,” she said.
“The scale of [the September kill] launched it onto the radar of the EPA, and community members described it as severe, shocking, horrific, and a very confronting experience.”
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