Delta Electricity, the owner of New South Wales coal-fired power station Vales Point, will go on trial on Monday over allegations that its failure to maintain equipment resulted in the discharge of poisonous bleach into Lake Macquarie, killing thousands of fish and rays. See the end of this email for hearing details.
Distressed community members found thousands of dead fish and whitespotted eagle rays washed up the shores of Lake Macquarie near Vales Point Power Station in August and September 2022, with an estimated 15,000 fish killed.
The NSW Environment Protection Authority (EPA) is prosecuting Delta for a breach of a condition of its licence in relation to the September fish kill. On 19 April 2024, Delta pleaded not guilty to the breach and the two-week trial will begin on Monday.
First EPA coal case in a decade
This is the first EPA prosecution against an NSW coal-fired power station in more than a decade – with the only other being against Delta Electricity in 2009 for its operations at Wallerawang power station, which has since closed. Vales Point is the oldest power station in NSW.
The EPA says Delta allegedly failed to maintain its chlorine dosing plant in a proper and efficient condition, with a faulty valve causing the discharge of concentrated sodium hypochlorite (commonly called bleach) into waters leading to Wyee Bay, at Lake Macquarie.
Environmental Justice Australiahas beensupporting the community to understand and observe justice being done through the investigation and prosecution.
Community group Future Sooner spokesperson Gary Blaschke says:
‘We have no idea what the real health impacts of this pollution are as the EPA isn’t doing any testing. But we've seen the impact the pollution has had on fish and can only assume there is a risk to human beings.'
Environmental Justice Australia lawyer Isabella Farrell-Hallegraeffsays:
'The EPA’s prosecution is a big win for the community – they have an obligation to protect people and nature from pollution. Local residents have campaigned long and hard for action.'
‘Sadly, we’ll see more pollution in NSW because ageing power stations are not upgrading their equipment. We urge the EPA to take a tough approach - when power stations cut corners it puts the community and environment at risk.’
A toxic legagy
For years, the Lake Macquarie community has vigorously campaigned against numerous pollution issues at Vales Point, including the health effects of toxic air pollution, contamination of groundwater from its coal ash dump and Delta’s attempts to get exemptions from NSW air pollution laws.
Vales Point is the oldest power station in NSW and getting more difficult to maintain yet Delta wants to extend its life until 2033. In 2022 Delta Electricity was bought by Sev.en Global Investments, owned by Czech billionaire Pavel Tykač. The company has a disturbing record overseas of seeking to avoid pollution controls and extending the life of coal-fired power stations at the expense of community health.
Currently it is seeking to expand its Chain Valley and Mannering coal mines underneath Lake Macquarie which could secure coal supply to Vales Point beyond 2027. Delta's application to extend these mines is before the NSW Department of Planning, Housing and Infrastructure for assessment.
Hearing details:
Environment Protection Authority vs Delta Electricity
2 -13 December 2024
Land and Environment Court of NSW
Trial starts at 10am on Monday 2 Dec in Court room 10A.
MEDIA CONTACT: Miki Perkins, 03 8341 3110, [email protected]
Environmental Justice Australia is a national public interest legal organisation. For more than 30 years, EJA has used the law for safe climate, thriving nature, environmental justice and a radically better world.
