The NSW Environment Protection Authority (EPA) has determined that it will treat the Darling-Barka fish kill as a "pollution incident" under the Protection of the Environment Administration Act.
Under this authority, the NSW EPA will fully investigate the potential cause/s of the mass fish kill and whether any pollution offences were committed, and regulatory action needs to be taken.
As part of this process, the EPA can use its investigative powers under the Protection of the Environment Operations Act. This includes powers to statutorily obtain information and/or records, conduct interviews and collect samples.
As an independent regulator the EPA can look at the role of individuals, companies and government entities.
As part of a multi-agency emergency response the EPA's initial testing was focused on ensuring public safety and responding to community concerns about a potential pesticide pollution event.
The EPA's testing to date has ruled out a pesticide pollution event, with results coming back negative for more than 600 pesticides. Samples were also tested for nutrients, metals, algal toxins and algae. Further testing carried out will be shared with the community as soon as possible, expected early next week.
