BHP-Billiton’s subsidiary Hunter Valley Energy Coal was fined $3000 by the NSW Department of Planning and Environment for poor dust management at its Mt Arthur Coal site, following a complaint to the department on June 27 for dumping at elevated levels in windy conditions.

The circumstances had been made known to Muswellbrook Shire Council and council immediately notified the Department of Planning and Environment.

“Environmental planning conditions requiring the use of best practice techniques to minimise the harmful emission of dust are not there to decorate mining consents,” Cr Rush said in response to the fine.

“The conditions are real. 

“They are real because there is no safe level of dust emissions and reducing dust is therefore in everyone’s interest.

“There is a correlation between an increase in dust generation and a deterioration in human population health.

“BHP Billiton was caught out dumping overburden at elevated levels in windy conditions despite repeated warnings not to do so. 

“A $3000 fine imposed on a multinational corporation is an entirely inappropriate penalty for offences relating to laws designed to protect human health. 

“Privately, both the executive and elected arms of the state government know this too.

“It is time that offenders were subject to a much greater array of powers from regulatory bodies including hefty fines imposed upon individuals within a corporation who knowingly or recklessly cause a corporation to breach environmental planning conditions.”