Vales Point Power Station Accused of Causing Mass Fish Kill

Thousands of Fish Dead

The New South Wales Environment Protection Authority (EPA) has accused Delta Electricity, the owner of Vales Point power station, of causing a mass fish kill north of Sydney. The EPA alleges that Delta failed to maintain a standby chlorine dosing plant in proper working order, leading to the discharge of sodium hypochlorite into the water. This toxic leak resulted in the deaths of thousands of marine animals, leaving them bloated and bleached.

The Land and Environment Court heard closing arguments on Wednesday regarding the incident, which occurred in 2022. Acting for the EPA, Henry El-Hage SC stated that the standby chlorine dosing plant was used when the main chlorine dosage plant was not operational. However, it lacked a diagnostic tool to inform the operator whether it had opened or closed in response to an obstruction.

A Delta worker raised the alarm on September 5 after observing hundreds of dead and dying fish in the water discharged from the plant. The dead fish were concentrated on the foreshore of Wyee Bay, and numerous bags of dead fish were collected.

Delta's defense barrister, Sharyn Hall SC, rejected the EPA's claims, arguing that the standby plant had been tested weeks prior and any defects were rectified. She emphasized Delta's commitment to maintenance, which had led to the extension of Vales Point's life while other coal-fired plants were being shut down.

Hall argued that Delta should not be held criminally liable for the failure of one valve among the 13,000 throughout the power plant. She maintained that an unexpected operation or defect should not constitute criminal liability, especially considering the standby plant had been tested and found functional.

The court was also informed of a second fish kill that occurred a month earlier, which the EPA attributed to natural causes. The investigation into the incident and the determination of responsibility for the environmental damage continues.