The operator of a mine in south west Queensland has been fined $85,000 and ordered to pay more than $5,000 in legal and investigation costs after it failed to take necessary steps to manage an accumulation of contaminated water onsite ahead of the 2022 wet season.
The penalty was handed down by the Warwick Magistrates Court after the company pleaded guilty to five offences of contravening an environmental protection order (EPO), one offence of wilfully contravening a condition of an environmental authority (EA) and one offence of contravening a condition of an EA under the Environmental Protection Act 1994.
The state's environmental regulator, the Department of the Environment, Tourism, Science and Innovation, issued the company with an EPO in November 2022 ahead of forecast heavy rain after becoming aware water storage ponds filled with mine-affected water were at capacity and at risk of overflow off the site.
The water contained high acidity, salts and metal concentrations, as a by-product of the mining process.
The EPO required the company to take immediate action to reduce the amount of water held onsite and to operate water evaporation equipment to help reduce water levels to mitigate possibility of a discharge from the site.
The Court found the company failed to comply with five requirements of the EPO including failing to remove specified quantities of contaminated water from the site, failing to operate evaporation equipment, and failing to provide a report on a proposed water reduction method.
The company also failed to comply with two conditions of its EA that required it to maintain an operational automatic weather station on site and have the regulated dams onsite inspected by a suitably qualified person.
The Court emphasised the importance of protecting the environment and remarked on the seriousness of the offending. The Court also took into account the fact the offending did not cause environmental harm, the company had complied with the investigation and entered early pleas of guilty.
Rachel Burgess-Dean, Executive Director of Energy, Extractive and Southwest Compliance, DETSI said the environmental regulator is responsible for implementing and enforcing legislation that protects the environment and safeguards our communities.
"It is important operators comply with these laws and regulations to ensure their activities do not cause any harm to our environment, and we will take strong action against those who fail to meet these expectations.
"This particular mine has a long history of water management issues, and we have been working closely with the operator, neighbouring landholders, the local council and other key government agencies over many years to manage and address several issues associated with site.
"The treatment and storage of mine-affected water is strictly regulated to protect the health and safety of downstream communities, and the environment.
"The outcome from the Court reflects the seriousness of these offences."
DETSI continues to closely monitor water management at the site and engage with the operator to ensure the company meets its environmental obligations.