The NSW Land and Environment Court has held that Clarence Colliery Pty Ltd negligently caused the release of mining by-products into the environment (Protection of the Environment Operations Act 1997 (NSW) s 116(1)(a)) and damaged vegetation, rock, sand, soil and stone in the Blue Mountains National Park (National Parks and Wildlife Act 1974 (NSW) s 156A(1)(b)). The release followed several catchment overflows that failed and eventually coal fines slurry flowed into a water course and affecting up to 10.3km downstream. Aside from published acknowledgements of the offence, Clarence Colliery Pty Ltd was also fined five instalments of $66 000 each to be paid into the NSW Environmental Trust. Clarence Colliery Pty Ltd were also required to pay costs.
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