EPA secures $18 million Enforceable Undertaking for Port Kembla
The current owner and occupier of a disused copper smelter in Port Kembla has committed over $18 million to address legacy contamination issues in the surrounding area as part of the largest Enforceable Undertaking (EU) ever agreed to by the NSW Environment Protection Authority (EPA).
The voluntary and legally binding undertaking with Port Kembla Copper Pty Ltd and PKC Properties Pty Ltd (PKC) will finance an investigation and remediation program for properties potentially impacted by contamination from historic smelting activities.
NSW Director of Operations, Adam Gilligan, said the recent agreement was a welcome step in assuring the Port Kembla community that legacy contamination issues in the area would be addressed, officially formalising a process already begun by PKC.
"Port Kembla has a long industrial heritage, and the presence of lead and other heavy metals from historical sources – including the former smelter and refinery – is well-documented,” Mr Gilligan said.
“The $18.116 million financial assurance negotiated with PKC reflects the extent and potential impacts of the contamination, and the importance of delivering a solution that prioritises the ongoing health and wellbeing of the local community.
“PKC voluntarily proposed the Enforceable Undertaking and has committed to responsibly addressing the smelter’s historic environmental impact as its most recent owner and operator.
"As a regulatory tool, Enforceable Undertakings underpin a culture of environmental stewardship by prioritising real, lasting solutions.
“They help to hold companies legally accountable for addressing environmental issues and ultimately deliver tangible and long-term benefits, including meaningful corrective action, for both the environment and affected communities.”
Around 300 homes – mostly located within 800 metres of the site – are estimated to be affected by roof dust contamination associated with smelter activities and require further investigation. Approximately 60 of these properties are also thought to be impacted by soil contamination.
While the contamination currently poses a low risk to the community, remediation is recommended for properties confirmed to be impacted by legacy contamination during PKC’s investigation process.
The full investigation and remediation program will take approximately three years to deliver. The EU with PKC will remain despite the site’s scheduled change of ownership in January 2026.
More information about the program, legacy contamination and PKC’s previous investigations can be found here: Home | PKC
This EU was initiated voluntarily by PKC as the site’s most recent landowner to address legacy smelter-related contamination and is not connected to any alleged breach of environmental protection legislation.
The EPA actively monitors the implementation of obligations under Enforceable Undertakings. Failure to comply with terms of an EU may result in legal action, including an application to the Land and Environment Court for appropriate enforcement orders.
Read more about the EPA’s Guidelines on Enforceable Undertakings: Guidelines on Enforceable Undertakings