The environment watchdog says a hefty bill imposed on a gold mine in the headwaters of the Moruya River sends a clear message to others.
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Big Island Mining Pty Ltd, operator of the Dargues Reef mine at Majors Creek, must pay $196,000 in penalties and costs after pleading guilty in the Land and Environment Court to polluting two creeks three times in 2013.
The incidents occurred during and after torrential rain in February and March last year, causing sediment to flow into Spring and Majors creeks.
The company pleaded guilty in the NSW Land and Environment Court to polluting the creeks.
The Environment Protection Authority’s southern region director Gary Whytcross said the pollution could have been minimized.
“There are clear and practical measures that could have been taken to minimise the pollution from the mine site,” he said.
“Had the correct measures been implemented there would have been less impact on Majors Creek and the downstream water users.
“The EPA hopes this judgment sends a clear message to other companies that controls must be planned and implemented prior to construction, to ensure water pollution does not occur.
Eurobodalla Shire Council said the mine had to consider the environment.
“Eurobodalla Shire Council supports the mine from an economic perspective, but requires that it provide high level protection to the environment and to our water supply,” a spokeswoman said.
“The NSW Government is responsible for over sight of the mine, but Council continues to work with the mining company as a member of the Dargues Reef Community Consultative Committee to ensure it meets its obligations to our shire.”
The firm has been ordered to pay $103,000 for remediation work being undertaken by a Landcare group in the Upper Deua River catchment to stabilise channels, manage weeds and plant fish-friendly native plants.
It must also pay more than $90,000 in legal fees for the Environment Protection Authority (EPA).
The mine was the source of intense controversy in the Eurobodalla and the Palerang shires when it was first mooted several years ago and stringent environmental conditions were imposed after a vocal community campaign.
The pollution occurred while the mine was under construction and ground works had been partially completed.
The court found the miner failed to install adequate sediment and erosion controls.
In torrential rain, muddy water was allowed to discharge from the construction site into creeks.
Majors Creek provides a water supply for rural properties and flows into Araluen Creek, a tributary of the Deua River.
The Deua River catchment provides 60 per cent of the Eurobodalla’s water supply.
The NSW Environment Protection Authority investigated the discharges.
Big Island Mining included the findings in a directors' report for the Australian Stock Exchange.
Justice Nicola Pain found, as the operator of a gold mine of such size, the defendant should have ensured it had sufficient expertise to confirm that its project approval was being complied with, including where a contractor selected for its particular skills was being employed.
That obligation included the ability to ensure adequate implementation of controls on the ground.
Justice Pain said it was concerning these offences occurred in the first two weeks of work.
Justice Pain said Big Island Mining pleaded guilty at the earliest opportunity, and acted promptly and vigorously to attempt to rectify the deficiencies in the erosion and sediment controls when it was alerted to them.
A spokesman for the miner said the court had found environmental harm was found to be at the lowest end of the possible spectrum of harm.
Anyone who has a concern about environmental non-compliance or has information about a potential incident should contact the EPA’s 24-hour Environment Line on 131 555.