Hazelwood owners charged by EPA

The Environment Protection Authority Victoria has charged the operators of the Hazelwood coalmine and power plant for the 2014 mine fire that cost the state over $100 million.

The charges allege that the companies in question — National Power Australia Investments, Hazelwood Pacific, Australian Power Partners and Hazelwood Churchill — as occupiers of the Hazelwood Coal Mine when the fire occurred, caused pollution of the atmosphere contrary to section 41(1) of the Environment Protection Act 1970.

These charges allege that, as a result of the fire, the atmosphere in the region of the mine was so changed as to make, or be reasonably expected to make, the atmosphere:

• noxious or poisonous or offensive to the senses of human beings;
• harmful or potentially harmful to the health, welfare, safety or property of human beings;
• detrimental to any beneficial use made of the atmosphere.

“The Hazelwood mine fire was a catastrophic pollution incident that should not have been allowed to happen,” said Brendan Sydes, lawyer with Environmental Justice Australia. “It caused considerable distress and harm to the community in the Latrobe Valley and, as the Hazelwood Mine Fire Inquiry found, probably caused several deaths. The prosecution of the Hazelwood mine operator is an important step in securing justice for the Latrobe Valley community.”

The news has been applauded by community groups, with Environment Victoria Safe Climate Campaign Manager Dr Nicholas Aberle saying, “The EPA is absolutely right to prosecute those responsible for the worst air pollution incident in Victoria’s history.

“The first inquiry after the Hazelwood fire found that the incident cost the state over $100 million,” Dr Aberle continued. “The firefight cost the CFA alone $18 million. And none of this includes the cost to people who’ve fallen sick after breathing toxic smoke for weeks on end.

“Considering how much this pollution cost the government and the local community, the potential $4 million fine reported in The Age this morning is getting off lightly.”

Wendy Farmer, the president of community group Voices of the Valley, said she was “delighted to see the EPA holding these polluting companies to account and we hope that they receive the full punishment possible under the law”.

“People in the Valley suffered serious health effects due to the fire and the Hazelwood Mine Fire Inquiry found that these companies’ negligence was responsible for the extent and length of the fire.

“This is the first time the EPA has laid this sort of charge on a company, so the outcome of this legislation will set a precedent for consequences for major industrial pollution events and their impact on neighbouring communities.”