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Costly Coal Spill in World Heritage Area

EPA v Clarence Colliery Pty Ltd; Chief Executive, Office of Environment & Heritage v Clarence Colliery Pty Ltd [2017] NSWLEC 82 per Robson J

Background

Clarence Colliery Pty Ltd (Clarence Colliery) operates a coal mine near Newnes Junction in the Blue Mountains area.  In July 2015 an overtopping incident occurred where 2,300 tonnes of coal escaped from a coal storage area and entered an unnamed watercourse, the Wollangambe River and the World Heritage listed Blue Mountains National Park.

The EPA issued clean-up notices and oversaw a comprehensive clean-up of the coal material including over 44 inspections and over 600 helicopter trips to remove the coal from the river.  The clean-up efforts cost more than $2M.

Offences

In EPA v Clarence Colliery Pty Ltd; Chief Executive, Office of Environment & Heritage v Clarence Colliery Pty Ltd [2017] NSWLEC 82, Clarence Colliery was prosecuted by the Environment Protection Authority for negligently causing the escape of a coal material that harmed the environment.  The two offences were under:
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