EPA v Clarence Colliery Pty Ltd; Chief Executive, Office of Environment & Heritage v Clarence Colliery Pty Ltd [2017] NSWLEC 82 per Robson J
Background
Clarence Colliery Pty Ltd (Clarence Colliery) operates a coal mine near Newnes Junction in the Blue Mountains area. In July 2015 an overtopping incident occurred where 2,300 tonnes of coal escaped from a coal storage area and entered an unnamed watercourse, the Wollangambe River and the World Heritage listed Blue Mountains National Park.
The EPA issued clean-up notices and oversaw a comprehensive clean-up of the coal material including over 44 inspections and over 600 helicopter trips to remove the coal from the river. The clean-up efforts cost more than $2M. [...]
