EPA issues Advisory Letter to Santos over Alleged Pollution to Waters

This letter (copied below) has been acquired via GIPA and is in relation to an ongoing investigation by the Biodiversity and Cultural Heritage Regulator regarding an Aboriginal Cultural Heritage Zone on Whirlybrook trail at Mt. Pleasant Creek in the Pilliga State Forest. The original complaint was reported on here.

The letter says: “On 13 March 2026, the EPA carried out a site inspection in response to the Incident to investigate the alleged pollution to waters and to determine the level of environmental harm that had occurred in relation to the Incident. The EPA observed that ballast placed at Mt Pleasant Creek Crossing likely to had washed approximately 30 meters downstream of the dry creek bed of Mt Pleasant Creek.”

The EPA fail to mention in their letter to Santos that the incident was reported by community. Not self-reported.

The EPA “considers that the alleged offence is at the lower end of the seriousness scale”, but do mention “Section 120 of the Act makes it an offence to pollute waters. The EPA may prosecute a corporation for committing this offence, which carries a maximum penalty of $2,000,000, in the case of a continuing offence, to a further penalty of $240,000 for each day the offence continues. Alternatively, EPA may consider alternative regulatory action including issuing a penalty notice, an official caution, or an advisory letter.”

The site in question was where IF-1 was discovered. A unique red hammer stone (pictured) whose whereabouts is unknown by NWPA, we are seeking confirmation that it is secure and at a keeping place. (see page 21 of the NGP Aboriginal Cultural Heritage Management Plan – image under letter)

NWPA will do our own site inspection next week.

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