A major New South Wales power company has been found guilty of causing a devastating fish kill that wiped out thousands of marine animals in Lake Macquarie, with a potential fine of up to $1 million now looming.
Court delivers guilty verdict for environmental breach
In a landmark judgement, the Land and Environment Court found Delta Electricity responsible for the mass death of marine life at Mannering Park in September 2022. Justice Sarah Pritchard handed down the verdict on Friday afternoon, concluding the company failed to maintain its chlorine dosing plant in a proper condition.
The court heard that a faulty valve led to a discharge of concentrated sodium hypochlorite into waters flowing towards Wyee Bay on September 6, 2022. This incident was the second of two major fish kills to hit the area within a six-week period.
"I have found proven beyond reasonable doubt that the defendant failed to maintain the chlorine dosing plant in a proper and efficient condition," Justice Pritchard stated in her ruling. She emphasised the failure led to an uncontrolled discharge that poisoned the local environment.
Scale of the ecological disaster
The environmental impact was severe. It is estimated that approximately 15,000 marine creatures perished as a direct result of the toxic discharge. The victims included a wide range of species native to the lake.
Mullet, bream, bat fish, whiting, and even a protected white spotted eagle ray were among the dead collected from the shoreline. Investigating officers reported observing greying around the gills of some fish, a tell-tale sign of oxygen depletion and chemical poisoning.
The New South Wales Environment Protection Authority (EPA) launched its prosecution in 2023 after a comprehensive, multi-agency investigation into the disaster. A spokeswoman for the authority said it welcomed the court's judgement.
A community victory and a warning to industry
The prosecution marked a significant moment, being the first EPA case against a NSW coal-fired power station in over a decade. The trial in December 2024 lasted two weeks and featured evidence from dozens of expert witnesses.
Environmental Justice Australia lawyer Isabella Farrell-Hallegraeff hailed the decision as a win for the Lake Macquarie community. "This win belongs to the Lake Macquarie community, who stepped in to protect their water when pollution was discovered," she said.
"Local people raised the alarm, documented the harm, and refused to let the poisoning of their water be ignored." She argued the outcome should lead to stronger regulation and oversight of ageing coal power stations to prevent future pollution events.
Delta Electricity, which had previously denied wrongdoing, issued a statement acknowledging the court's process. "While we are disappointed in the outcome, we respect the Court's process," a company spokesman said.
The spokesman added that Delta takes its compliance obligations seriously and would review the judgement to determine its next steps. The company reiterated its commitment to safe operations and environmental protection.
The matter has been adjourned until February 6 to set a date for a sentencing hearing, where the final penalty will be determined. The offence carries a maximum fine of $1 million.
