Environmental lawyers have cautioned the NSW EPA that its decision to give Delta Electricity a pollution exemption in December last year is “unlawful“.
Environmental Justice Australia lawyers, representing the Nature Conservation Council and Australian Conservation Foundation, notified and sought a response from the EPA last month.
In an application to the EPA, Vales Point requested a further five-year license exemption which allows for the emission of more than 800mg per cubic metre of nitrogen oxide (NOx) per day.
In December 2021, the EPA granted Delta an exemption to the licence.
Environmental Justice Australia lawyer Jocelyn McGarity said the EPA has a responsibility to safeguard the health of our communities and prevent toxic pollution from harming and killing people.
“Air pollution limits in NSW are designed to control how much toxic pollution companies can pump into the air we breathe, but the EPA has handed Delta Electricity a free pass,” said McGarity.
Nature Conservation Council Chief Executive Chris Gambian said that his peak body has an obligation to ensure the state’s environmental laws are upheld in every instance.
“It appears the state’s environmental watchdog has failed to uphold important laws in relation to the issuing of the Vales Point air pollution licence, which is why we are asking the EPA how it intends to remedy the situation.
“We have always been prepared to work with the EPA to find practical solutions that uphold the law and defend the rights of people to breath clean air, and will continue to do so,” he said.
Kincumber GP Dr Ian Charlton said that air pollution is strongly linked to exacerbations of chronic lung conditions and hospital admissions.
“We now understand air pollution causes lung disease including childhood asthma – on the Central Coast that translates to 600 more children with asthma each year,” he said.
As part of its license, Vales Point was required to install a new ambient air quality monitoring station at Wyee Point for NOx, sulfur oxides (SOx) and PM2.5.
New regulations for all power stations will be reviewed by the EPA this year.
Vales Point is scheduled for closure in 2029.
Nicola Riches