The federal government has been accused of not listening to the voice of a First Nation's community on the New South Wales South Coast after failing to settle a PFAS contamination claim.
On Monday the Wreck Bay community was singled out as the only group from eight applicants not to secure a payment in a multi-site PFAS contamination class action against the Department of Defence.
Deputy Chairperson Wreck Bay Community Council, Beverley Ardler, said the community felt it had been ignored.
"We have been here for thousands of years, and our country and our water has been poisoned and that includes Booderee National Park," she said.
"Our culture has seriously been compromised."
The residents of Wreck Bay allege the Department of Defence negligently allowed perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals to leech into surface water, groundwater and soil.
The chemicals are found in firefighting foams that had been used on neighbouring naval base HMAS Creswell and the Jervis Bay Range Facility for more than three decades since the 1970s.
Several hundred people live in the small tight-knit community.
Ms Ardler said while the prime minister had responded to the decision on Monday, no other government members had addressed the issue.
"We heard Prime Minister Albanese talking on Monday, but we have not heard from our local member Andrew Leigh, or Minister Burney, or Minister Plibersek, or the Attorney General. They have not listened to our voice."
Sent to mediation alone
On Monday, Justice Michael Lee adjourned the Wreck Bay action for further mediation on Friday, and set a trial for May 29 if a settlement could not reached.
Shine lawyers represented all eight complainants and on Wednesday the team travelled to Wreck Bay to consult with their clients.
Joint head of class actions Craig Allsopp said he was not sure why the government had picked off the First Nation's community from the group of eight.
"Maybe that is their strategy. There is always strength in numbers because there is so many common issues with the way PFAS works and how it contaminates land," he said.
"The damage to property values is common and so the eight sites could get a lot of benefit from running the trials together, but now Wreck Bay will have to do it alone."
"The government has settled a total of 10 white claims, including the seven on Monday."
The group of seven was settled for $132.7 million.
"For whatever reason they're just not coming to the table with Wreck Bay, although we do have further mediation," Mr Allsop said.
"I'm confident we can have further productive discussions and the Commonwealth might come up with a solution but at the moment we are also preparing to take the to court."
Monetary compensation never adequate for loss
He said the creek that runs into Wreck Bay from the Creswell Defence Base is one of the most contaminated creeks in relation to PFAS in Australia.
"The community are not allowed to use this beach, fish on it or do anything that they have been doing for thousands of years as part of their cultural practices."
Mr Allsop said monetary compensation would never be adequate for the loss of thousands of years of cultural connection to the land.
"There is no real guide on how the courts can approach cultural loss.
"If we do to trial that will be an important issue to put before the court to get some guidance not just for the Wreck Bay community but for all Indigenous people."
