If a pollution incident from your operations causes or threatens
material harm to the environment, your statutory duty to notify the
appropriate regulator under NSW law applies when you are
subjectively aware of the harm – not when you are aware only
that a pollution incident has occurred.
That's the upshot from a recent NSW case which could have
implications for similar laws around the country (Environment
Protection Authority v Bulga Coal Management Pty Limited [2014]
NSWLEC 5).
Bulga Coal discovers a pollution incident
On Sunday 9 October 2011 an employee of Bulga Coal, Mr de Groot,
discovered tailings slurry was overflowing the small section of the
embankment of the containment dam and had reached a dry creek bed.
He followed internal procedures: he swiftly stopped the discharge,
notified the manager, contained the discharge and fixed the
dam.
