The NSW Land and Environment Court has fined Peabody Coal just $196,560 of the maximum penalty of $5 million for the spilling of coal sludge into the Royal National Park, near Sydney, in 2022 and 2023.
The judgement accepts that the pollution caused by Peabody’s Metropolitan Colliery had significant environmental impacts and caused lasting damage to the aquatic environment downstream of the spill, a ‘mid-range offence’.
Greens MP and spokesperson for the environment Sue Higginson said, ‘the system of regulating polluters who harm communities and the environment is woefully inadequate, that is the only clear takeaway from this judgement.
‘The American owner of the coal mine, Peabody Coal, responsible for this pollution makes billions of dollars in income from their Australian holdings. Despite taking our resources, and polluting our environment and climate, they pay no tax and even claim tens of millions of dollars in tax credits from the Australian people.
‘This fine of less than $200 thousand isn’t even a drop in the bucket for this environment and climate vandal,’ said Ms Higginson.
‘As long as the profit motive for committing environment crimes is greater than the penalties our governments are willing to impose on polluters, our communities and nature will be in the firing line for unethical business models that see pollution as a cost of doing business.
‘This relatively small fine is a slap to the face for the environment, the community – and particularly those members of the community who uncovered this pollution in the first place. The coal mine knew they were polluting the beautiful waters of the Royal National Park, but it wasn’t until community members raised the alarm that an investigation started.’
Closure plan needed
‘This mine needs a closure plan, not permission to continue operating next to and polluting our oldest and most visited national park,’ said Sue Higginson.
‘What this investigation has shown is that the coal mine is simply unable to properly manage the flow of polluted water from their mine into our precious Royal National Park.’
Cooper Riach from Sutherland Shire Environment Centre said, ‘It is clear that our environmental laws do not protect nature, and are instead protecting the profits of companies like Peabody.
‘At some point we need to ask ourselves, which do we value more? The profits of American coal barons, or the protection of the oldest National Park in Australia?
‘Ultimately this is not the right place for a coal mine, and until this mine is closed and completely cleaned up, it will continue to pollute the Royal National Park.’
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