A SURPRISING turn of events has seen the Esperance Port Authority (EPA) change its plea to guilty across charges relating to the contamination of Esperance with lead carbonate two years ago.
The EPA changed its plea to guilty in Kalgoorlie Magistrate’s Court on Wednesday, June 10, after the Department of Environment and Conservation (DEC) dropped the charge of causing pollution with criminal negligence and agreed to significant changes to the level of alleged pollution caused by the EPA.
A string of court appearances dating back to late 2007 has seen the EPA appear in both Esperance and Kalgoorlie courts, where they had pleaded not guilty to six charges, including failing to notify the CEO of a discharge of waste likely to cause pollution, causing pollution, emitting unreasonable emissions, and causing an emission not in accordance with a licence.
EPA CEO, Captain Dennis Parsons, said that following the concession by the DEC and the acknowledgement that the EPA did not act recklessly, it was agreed to be in the best interests of the EPA and the town of Esperance to plead guilty and focus on the future.
Captain Parsons said the EPA was keen to avoid a lengthy trial and wanted to focus on the future.
“The EPA acknowledges errors of judgement were made and accepts its share of responsibility, however there was never any deliberate wrongdoing by anybody at the EPA,” he said.
“The EPA accepts that at the time of the incidents the processes and procedures it had in place, which had been approved by the DEC, were not sufficient to deal with the issues that arose from the condition of the lead carbonate delivered by Magellan Metals.
“There are now new robust environmental practices and procedures in place,” he said.
Captain Parsons said a long trial would be to the detriment of the EPA and the Esperance community.
“To defend the charges would see the expenditure of a large amount of money, and in the current economic climate, with the global financial crisis, a waste of money would potentially threaten jobs,” Captain Parsons said.
Court records, including a statement of facts presented by the DEC, showed that the environmental impact caused by the lead contamination, while still substantial, was not as high as previously speculated.
The statement showed that just 420 birds died during two separate incidents – a far cry less than the 9,000 previously estimated.
Records also showed that thousands of people were not affected by the incident, and that of the 2,722 community members tested, just seven children aged under five were identified as having lead in their system above the recommended level – and subsequent testing established just one child with a result above the recommended level had Magellan lead in their system.
The records also found the EPA not responsible for the pollution of buildings, parks, or rainwater tanks.
“We are happy to have the statement of facts on the record,” Captain Parsons said.
Representatives from the Esperance community however, said they felt some of the facts had been downplayed.
A spokesperson for Locals for Esperance Development (LED), Michelle Crisp, said while she was pleased with the decision by the EPA to plead guilty and accept responsibility for its actions, she was less than impressed with the figures shown in the statement of facts.
“It is really playing down the impact the lead contamination has had on our community,” she said.
“I find the figures regarding the children with high lead levels to be an unhelpful comment that negates the effects it has had on a large sector of the community.”
Ms Crisp said the statement of facts only took into account the children who presented blood lead levels of higher than ten micrograms per decilitre, and disregarding the numerous children who still measured lead levels higher than five micrograms.
Ms Crisp said she was also sceptical at the low figure of bird deaths attributed to the pollution.
“I’m really surprised the DEC have said that, as it contradicts what they said during the Parliamentary enquiry.”
Ms Crisp also queried whether the admission of guilt by the EPA would enable compensation for families whose children suffered from high lead levels.
“We look forward to getting over this issue and we look forward to seeing the town cleaned up of lead and nickel,” she said.
With the EPA due to appear in the Esperance Magistrate’s Court on September 11 for sentencing, Captain Parsons said he is looking forward to moving on with the future of the EPA.
“Our focus is now to get on with finishing the clean-up of the port premises with Magellan Metals and installing the new state-of-the-art infrastructure to restore EPA at the forefront of world’s best operating practice.”
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