Magistrate Benn referred to the Port’s General Report Sheet during the loading of the MV Lemmergracht, which described the incident as:

“Lead dust in shed and entire lead conveyor way too dusty. When on ship could not see piles and covered in lead dust.”

Less than three months later, on March 5, 2007 during the loading of the MV Jin Pei, excessive lead dust was once again recorded.

Magistrate Benn told the court he regarded the pollution as “widespread,” and noted the impact it had on the community increased the seriousness of the charges.

Major factors included: the finding of children with Magellan lead in their blood; the emotional trauma and stress experienced by the families of these children; and the general trauma, anxiety and distress experienced throughout the community.

The Magistrate also referenced two Victim Impact Statements during sentencing, which illustrated the effects of the lead contamination on families.

One statement, from a parent known as Ben, described his reaction to discovering his seven-month old daughter had elevated blood lead levels.

“I can clearly remember the phone call with the news and where I was at the time. I was driving and I had to pull over as I was crying too much to continue driving.

“We spent many hours talking to experts and searching the web, and we found the information both distressing and comforting, depending on who we spoke to.”

The statement told of the many blood tests Ben had to accompany his infant daughter to, and the potential for long-term effects.

“There is no way to measure how much damage has potentially been caused. I will be concerned for the rest of my life how my daughter’s contamination has affected her IQ and development.”

The Magistrate said the anxiety and stress associated with the incident was caused by a lack of certainty surrounding the effects of lead in the bloodstream, which have been linked to learning difficulties, low IQ, and hyperactivity, especially in children younger than five years old.

The Magistrate also spoke of the damage done to Esperance’s image, and the effect it had on tourism, the impact on the local environment and the local economy, and the mistrust of the Esperance Port Authority following the incidents.

“The offences of causing pollution and failing to report those incidents demand significant penalties in order to send a very clear message to industry and to all who engage in conduct with the potential to cause pollution that the protection of the community and the environment must always be the overriding and paramount focus of attention, commitment and responsibility,” Magistrate Benn said.

“Commercial, financial and other pressures can never take precedence over the protection of the community and the environment.”

Following the sentencing, a press conference was held by the Port, where they once again apologised to the Esperance community.

Port acting CEO, Neil Pearson, said the fine was significant.

“Although there was never any deliberate wrongdoing by anybody at the Port, errors were made and we have accepted our share of responsibility by pleading guilty to the charges,” Mr Pearson said.

“The Port acknowledges and apologises for the concern our actions have caused the community and our staff.

“This penalty is significant and the Port board will now need to consider the impact it will have on the Port.”