Ernest Henry Mine facing charges for contaminated water release
11 March 2010
The State Government is prosecuting a fifth mine in north west Queensland in relation to alleged environmental offences, Department of Environment and Resource Management, Assistant Director General, Environmental and Natural Resource Regulation, Dean Ellwood said today.
Mr Ellwood said prosecution had commenced against Ernest Henry Mining Pty Ltd, owner of the Ernest Henry Mine, near Cloncurry.
"The Department of Environment and Resource Management will allege contaminated water was released from the mine following heavy rainfall during last year's wet season," Mr Ellwood said.
"There was contamination in up to 20 kilometres of Gipsy Creek to the north of the site and to a lesser extent in Eliza Creek to the south.
"Sampling identified elevated electrical conductivity (salt) levels and sulphate and several other contaminants in concentrations that DERM alleges caused serious environmental harm.
"It will also be alleged that two cattle properties downstream of the mine site were affected by the discharges as the contaminants in the water in the creek were in excess of acceptable levels for watering stock."
Ernest Henry Mining Pty Ltd has been charged with causing serious environmental harm contrary to section 437 of the Environmental Protection Act 1994.
The maximum penalty for the charge is $832,500.
Ernest Henry Mining Pty Ltd has fully cooperated during DERM’s 12-month investigation. This has included both current and former mine staff participating in formal interviews, accompanied by the company’s in house lawyer, as recently as December 2009.
Mr Ellwood said the latest prosecution followed charges against four other mining companies in similar circumstances.
Australian Raw Materials Corporation Pty Ltd was charged with causing serious environmental harm as a result of a discharge from the Great Australia Mine.
The former owner of the Lady Annie mine and its parent company, CopperCo Ltd, was also charged with causing serious environmental harm.
MMG Century Ltd, the operator of the Century Mine, was charged with breaching its environmental authority and causing serious environmental harm.
Birla Mt Gordon Pty Ltd has been charged with contravening a restraint order, which required it to cap a waste rock dump.
In addition to the prosecution action, DERM ordered Ernest Henry Mining Pty Ltd to conduct an environmental evaluation including an assessment of the mine's water management system, an investigation into the source of the discharged contaminants and an environmental impact assessment of the discharges.
DERM received the final environmental report material from Ernest Henry Mining Pty Ltd on 21 January 2010.
DERM is considering the report, and awaiting the outcome of the Land Court's deliberations of related environmental issues brought by landholders, before making a decision to finalise the environmental evaluation process.
Mr Ellwood said the Queensland Government was taking mine discharges very seriously.
"The department has also been working with mining companies to ensure that mines are better prepared for the wet season," he said.
"Officers carried out more than 40 inspections of 22 mines sites in north west Queensland over the last six months of 2009.
"Where appropriate, they have issued legally binding orders to mining companies to clean up creeks, and carry out work to prevent contaminated overflows re-occurring and to ensure they were able to contain contaminated water."
The matter is scheduled to be first mentioned in Cloncurry Magistrates Court on 14 May, 2010.
ENDS
For further information contact Department of Environment and Resource Management Media Services Ph: (07) 3224 7792 or email media@derm.qld.gov.au
Last updated: 11 March 2010