The offences occurred in February and March 2013 during the construction of the Dargues Gold Mine at Majors Creek. During construction, BIM failed to install adequate sediment and erosion controls and following a period of rainfall, muddy water was allowed to discharge from the construction site into Spring and Majors Creeks.

Majors Creek provides a water supply for rural properties and flows into Araluen Creek, which is a tributary of the Deua River. The Deua River catchment provides 60 per cent of the water supply for the people of Eurobodalla.

The NSW Environment Protection Authority (EPA) conducted an investigation into the discharges and commenced prosecution proceedings against BIM in the Land and Environment Court.  After pleading guilty to the charges, on 26 August 2014, the Land and Environment Court convicted BIM of each charge and ordered it:

* to pay $103,000 to the Upper Deua Catchment Landcare Group Inc to be used for riparian health works in and around Araluen Creek;

* to pay the EPA $93,000 in legal and investigation costs; and

* to publicise its conviction in the Sydney Morning Herald, The Braidwood Times, and Australian Mining Magazine.

In handing down the sentence, Land and Environment Court Judge, Justice Nicola Pain, found that, ‘As the operator of a gold mine of this size the Defendant should have ensured it had sufficient expertise to confirm that its project approval was being complied with, including where a contractor selected for its particular skills was being employed. That obligation included the ability to ensure adequate implementation of controls on the ground.’

Further, Justice Pain noted that ‘it is concerning that these offences occurred in the first two weeks of work’.

Justice Pain also noted that the BIM unreservedly expressed its contrition. Justice pain accepted that in addition to pleading guilty at the earliest opportunity, BIM acted promptly and vigorously to attempt to rectify the deficiencies in the erosion and sediment controls when it was alerted to them.

Unity Mining’s Andrew McIllwain said “the environmental harm was found by Justice Pain to be ‘at the lowest end of the possible spectrum of harm’, that the harm was likely to have been minor and was limited in nature.”

The EPA’s Director South, Gary Whytcross said, “There are clear and practical measures that could have been taken to minimise the pollution from the mine site. Had the correct measures been implemented there would have been less impact on Majors Creek and the downstream water users”.

“The EPA hopes that this judgement sends a clear message to other companies that controls must be planned and implemented prior to construction to ensure water pollution does not occur,” said Mr Whytcross.

President of the Upper Deua Catchment Landcare Group (UDCLG) Don Collett expressed his pleasure at the announcement on Tuesday from the Land and Environment Court that the UDCLG had been successful  in being awarded an Environmental  Service Order.

“The submission we placed before the court included a range of works for the Araluen Creek that will deliver further stabilised creek channels. weed management and re-vegetation, improving water quality, environmental health of the stream and increase ponding within the creek system. Improve bio-diversity including increase of fish passage and native water based plants. The UDCLG has recently contracted the Upper Shoalhaven Landcare Council to develop a 5 year plan for the Creek. That project together with the outcomes of this judgement mean the environmental outcomes for the Araluen Valley will be very positive.”