The New South Wales government has announced it will treat the deaths of more than a million fish in the Darling-Baaka River as a “pollution incident”, which could potentially lead to polluters being charged.
The Environmental Protection Authority made the declaration on Wednesday. It will allow the agency to use powers under the Protection of the Environment Administration Act to investigate the potential causes of the mass fish kill at Menindee last month, and whether any offences were committed.
The state environment minister, Penny Sharpe, said communities along the Darling–Baaka River have been left to manage the impacts of fish kill events for too long, with too many questions going unanswered.
“The community has told me that the response by all agencies to this event hasn’t been up to scratch,” she said.
“No one is above the law – including the government. It is my expectation as minister that should the Environment Protection Authority uncover any breaches of the Act, they will enforce regulatory action.”
A declaration of a pollution incident allows the EPA to use statutory powers to obtain information and records, conduct interviews and collect water samples. It will look at the role of individuals, companies and government entities.
Sharpe said every community in NSW should have confidence in the management of their local waterways and their ongoing protection for future generations.
“I have visited these communities many times over the years and know the Darling-Baaka is the lifeblood of this region,” she said. “I have seen firsthand First Nations and community connection to these waterways. I will leave no stone unturned to ensure we do what we can to prevent any further adverse environmental impacts.”
The EPA said initial water testing, conducted as part of a multi-agency emergency response to the fish kills, was focused on ensuring public safety and responding to community concerns.
In a statement, the EPA said its 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.
The first lot of test results, released this month, have been criticised by some scientists as being based on limited samples.
Further EPA testing carried out on 30 March and 3 and 4 April is expected to be released early next week.
Sharpe said that they are also finalising the terms of reference for an independent inquiry by the chief scientist, which will be released publicly as soon as possible.
