In December last year, a major Australian petrol company was fined $75,000 for unlawfully disposing of contaminated soil and causing environmental harm.
The company faced two charges of unlawfully disposing of contaminated soil and one charge of unlawfully causing material environmental harm, in contravention of the Environmental Protection Act 1994. They deposited 109 truckloads of soil, of which 45 were deposited at a residential property close to wetlands and high ecological value waterways. This was within 150m of the Noosa River and had the potential for material environmental harm to be caused. This incident was brought to the department’s attention after concerned residents informed the Noosa Council. Fortunately, the contaminated soil was removed, and a clean-up operation was conducted, by the company, before any environmental damage in the river was caused.
However, situations like this have the potential to cause serious environmental and health issues. Soil contamination is a common occurrence, it is devastating to the environment and has consequences for all forms of life that encounter it. This poses a variety of health and environmental hazards.
Contamination occurs as a consequence of human activity, such as mining, improper waste disposal and non-organic agricultural practices, as well as leaks, spills, and pipeline rupture.
Contaminated lands can leach toxic chemicals into nearby ground or surface waters where these materials can be taken up by plants and animals. They can also contaminate the human drinking water supply or volatilize and contaminate the indoor air in overlying buildings.
When contaminated lands are not properly managed, humans and wildlife can be exposed to contaminants through inhalation, ingestion, or dermal contact.
Ultimately, it is the responsibility of businesses to comply with the strong environmental standards and obligations, however, we must stress the importance of deterrence for other large companies who may be tempted to risk offending as part of ‘the cost of doing business’.
Soil contamination is not only an increasingly important environmental issue in Australia but also a health, economic and planning issue. A number of initiatives and approaches have been developed for dealing with these issues which need to be adopted by these large companies.
Bronwyn Reid | January 2023