Residents and environmentalist are applauding an announcement this week that the NSW Environment Protection Authority (EPA) is to prosecute Delta Electricity in relation to a fish kill near the Vales Point Power Station in September last year.
The EPA has commenced a prosecution against Sunset Power International Pty Ltd trading as Delta Electricity in the Land and Environment Court, alleging that Delta failed to maintain its chlorine dosing plant in a proper and efficient condition, resulting in a faulty valve which caused a discharge of concentrated sodium hypochlorite into waters leading to Wyee Bay.
NSW EPA Chief Executive Tony Chappel said the prosecution follows a comprehensive investigation using all available resources.
“Alongside the community, we expect Delta to meet high standards given the proximity of the Vales Point Power Station to Lake Macquarie,” Chappel said.
“Our 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.
“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.”
The EPA alleges the incident is a breach of Delta’s environment protection license and an offence against section 64 of the Protection of the Environment Operations Act 1997 (POEO Act) which carries penalties of up to $1M.
Greens NSW MP and spokesperson for Energy and Hunter, Newcastle and Central Coast, Abigail Boyd, said the announcement was “hugely significant” for the people of the Central Coast.
“(It seemingly confirms) the suspicions of most of us that the owners of Vales Point Power Station have been acting without social conscience for years,” she said.
“The decision to proceed to prosecution has come about thanks to immense community pressure that demanded a forensic investigation, in the face of an initially blasé regulator.
“Delta electricity recently announced their intention to keep Vales Point open for a further four years, to 2033.
“The allegations contained in the EPA announcement prove that this is untenable, and that in the sequencing of coal closures that Vales Point would ideally be the first to go.
“These aging coal power plants will continue to present an unacceptable risk to the health of local communities.
“It’s time we empowered the people of the Central Coast to help steer this transition out of coal and into a cleaner, healthier and more sustainable post-coal future.
“The NSW Government must intervene and set a clear schedule for coal closures.”
Community members were left devastated when two major fish fills occurred in August and September 2022, resulting in an estimated 15,000 dead fish and Whitespotted eagle rays washing up onto the shores of Lake Macquarie.
This is the first EPA prosecution against a NSW coal fired power station in more than a decade – with the only other being against Delta Electricity back in 2009 for its operations at Wallerawang power station, which has since closed.
Keep Lake Macquarie Clean Group member, Bruce Macfarlane, said residents have witnessed the gradual degradation of the lake over decades, with ever-reducing areas of seagrass and fish kills due to industrial activity around the lake.
“It’s not before time that companies that flout environmental licence conditions are called to account by the EPA,” he said.
Spokesperson from the Hunter Community Environment Centre, Jo Lynch, said members welcomed the news that Delta Electricity “will have to face up to its negligence in court over this entirely avoidable incident”.
Mannering Park resident and first responder to the fish kill, Julie Hopley, said she was very concerned about the health of the lake.
“Someone needs to be made accountable for the damage and deterioration that we’ve witnessed over the decades and we must take steps to get back the beauty and health of these natural resources so they continue on for our children and grandchildren to enjoy,” she said.
More information is available on the EPA website.
Terry Collins
Fertilisers and grass clippings
This is all very well, but, no one has even mentioned how we ourselves can help the lake. I believe this would have been an effective forum to discuss the enormous amounts of fertiliser and grass clippings we pour into our beautiful lakes. J