Council fined for polluting sensitive marine environment

The discharge incident occurred in June 2024 when a pond holding the water collapsed during excavation works at Neil Carroll Park in Nelson Bay, releasing it into the local stormwater system which flows into Marine Park waters near the Fly Point-Corrie Island sanctuary zone.

EPA Executive Director of Operations David Gathercole said the incident was concerning given the high sensitivity of nearby waters.

“The Fly Point–Corrie Island sanctuary zone within the Port Stephens–Great Lakes Marine Park encompasses two significant conservation areas that safeguard vulnerable habitats, some of which are home to protected migratory birds and diverse fish species such as seahorses, pipefish, gurnards and anglerfishes,” Mr Gathercole said.

“As part of the sanctuary zone, these areas – and the animals and habitats within them – are afforded the highest level of environmental protection. It’s critical that anyone completing works nearby adheres to rigorous environmental standards to prevent potential harm.

“Our investigation found that in this case, Council failed to act promptly to stop the discharge of sediment-laden water and did not have adequate controls in place before undertaking the excavation work.

“As local councils also have responsibility for regulating pollution offences under the POEO Act, Council should know better. It is reasonable to expect Council would conduct its activities to the highest standard and with appropriate regard for the nearby marine sanctuary zone.

“We expect all councils to fully comply with environmental regulations and to take all measures necessary to minimise any impact to the environment.”

Port Stephens Council has since undertaken an internal investigation to ensure future works are managed appropriately.

For more information about the EPA’s regulatory tools and strategy, visit the EPA website: Regulatory Policy