Commonwealth reaches $22 million settlement with Wreck Bay Aboriginal community over PFAS contamination
https://www.abc.net.au/news/2023-05-25/wreck-bay-pfas-compensation/102390538
The federal government has reached a $22 million settlement over PFAS contamination from firefighting foam with the Wreck Bay Aboriginal community on the New South Wales South Coast.
Last week the Commonwealth was accused of not listening to the First Nation’s community after it was singled out as the only group from eight applicants not to secure a payment in the $132.7 million multi-site PFAS contamination settlement with the Department of Defence.
The residents of Wreck Bay alleged Defence negligently allowed perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals to leech into surface water, groundwater, and soil.
The chemicals are found in firefighting foams that had been used on neighbouring naval base HMAS Creswell and the Jervis Bay Range Facility for more than three decades since the 1970s.
Up to 1,000 people are eligible and the settlement relates to the community’s ability to live on or conduct cultural activities on its land.
The community said its country and water had been poisoned and its culture seriously compromised.
In the Federal Court, Justice Michael Lee told Shine, the group’s lawyers, he wanted to make sure it was clear to the community that the settlement does not relate to any potential health impacts which could be compensated through further legal action.
The $22 million sum includes at least $5 million in legal and administrative costs.
The terms of the settlement must now be approved by Justice Lee.
The matter is set to return to court on June 19 for approval after community members are consulted on the deal.
There will also be court supervised sessions with the community about how the settlement will be distributed.
Bittersweet outcome
Outside the court, Shine’s joint head of class actions Craig Allsopp said the result was “bittersweet” for the community.
“While this is a victory for this First Nation’s group, the Wreck Bay community has to grapple with the impacts of PFAS contamination for years to come,” he said.
“Importantly they have lost their connection to the country by reason of the contamination and momentary compensation will never be adequate to repair that kind of loss.”
Mr Allsop said the judge was at pains to make it clear personal injury claims were not cut off by this settlement “and that is something that Shine is actively looking at”, he said.
“It has been good to get some compensation for essentially a land value claim, but I believe in the years ahead the real fight will be in relation to the personal injury claims.”
The settlement was reached following days of mediation after the court had set a trial date of May 29 for the claim.
As the mediation continued, the Minister for Local Government and Territories, Kristy McBain, and several Labor politicians visited the community to talk about the $45 million promised in the budget to improve housing in the Wreck Bay village.
The Shine legal team described the announcement as a “curious twist of timing”.
‘Unprecedented outcome’
Mr Allsop said it was an “unprecedented outcome” and the first time there had been a successful claim by an Indigenous community in relation to PFAS contamination.
“It is groundbreaking, and I think will hopefully lead to more recognition of Indigenous issues in our court system,” Mr Allsop said.
The $132.7 million multi-site settlement last week covered 30,000 claimants across Australia including sites at Wagga Wagga and Richmond in New South Wales, Wodonga in Victoria, Darwin in the Northern Territory, Townsville in Queensland, Edinburgh in South Australia, and Bullsbrook in Western Australia.
Federal government apologises to Jervis Bay community for PFAS contamination
https://www.abc.net.au/news/2023-02-28/federal-government-apologises-jervis-bay-pfas-contamination/102028570
The federal government has for the first time publicly apologised to the Jervis Bay community about the impact PFAS contamination of their land has had on their lives.
Speaking at a community meeting in the PFAS-contaminated town of Jervis Bay, Assistant Defence Minister Matt Thistlethwaite said he understood the Jervis Bay community, which is predominantly Aboriginal, had different issues to other communities in terms of the cultural impact caused by PFAS.
“I’m here to apologise for the PFAS contamination emanating from the defence base here in Jervis Bay has caused to the lives of locals,” he said.
“That’s why defence has put together a remediation action plan that involves treating some of the groundwater and purifying it before it’s returned to the environment.”
Resident Kylie McLeod welcomed the apology and said she hoped to work with Mr Thistlethwaite and the federal government to preserve some of Jervis Bay’s culture for future generations.
“I can’t let my kids do the things I was doing as a kid because I’m worried about the PFAS,” she said.
“I just wanted to meet with him [Mr Thistlethwaite] or have our community have access to him to try to figure out ways to try to preserve our culture in some way if possible.
“It may not happen but it’s a start to ask I suppose.”
Mr Thistlethwaite committed to assisting with cultural preservation, and to getting the Minister for Indigenous Affairs Linda Burney involved.
Department of Defence identified PFAS-contaminated areas around Jervis Bay in 2016.
PFAS chemicals are found in firefighting foams that had been used on neighbouring naval base HMAS Creswell and the Jervis Bay Range Facility for more than three decades since the 1970s.
Environmental reports published in 2017 and 2018 showed the synthetic chemicals had contaminated waterways and subsequently aquatic life.
Residents were warned to limit their intake of shellfish from some waterways in the area, however, the department of defence maintains drinking water in the Jervis Bay Territory is safe.
This advice remains current.
Defence attempting to remediate the land
The head of the national PFAS investigation and management program for Defence, Alison Clifton, also attended the forum last night and told the community that Defence was in the process of trying to remediate the site.
She said a temporary treatment plant was in place to treat surface water, however, there was a detailed design almost completed for a longer-term solution.
“We intend to remove as much PFAS as possible,” Ms Clifton said.
“Detailed design for a longer-term treatment plant is almost complete and then we’ll put that in place.
“We’re hoping over time all these things will demonstrate improvement.”
The Department of Defence was not able to say how long remediation of the land would take.
PFAS contamination class action filed by Jervis Bay community for cultural loss
https://www.abc.net.au/news/2021-02-03/jervis-bay-aboriginal-community-lodges-pfas-class-action/13112626
Feb 3 2021
An Aboriginal community has launched a class action against the Federal Government claiming chemical contamination on their land from Department of Defence operations has “destroyed” their livelihoods.
An Aboriginal community has launched a class action against the Federal Government claiming chemical contamination on their land from Department of Defence operations has “destroyed” their livelihoods.
The residents of Wreck Bay, on the New South Wales south coast, allege Defence negligently allowed perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals to leech into surface water, groundwater, and soil.
The chemicals are found in firefighting foams that had been used on neighbouring naval base HMAS Creswell and the Jervis Bay Range Facility for more than three decades since the 1970s.
Defence has since erected signs warning against fishing from waterways in the area, putting an end to Aboriginal practices that have existed inside Jervis Bay Territory for thousands of years.
“We can’t go and hunt and gather anymore, we can’t teach our younger generation coming through about our culture, like I learnt as a kid,” traditional owner James Williams said.
“We look at our land like our mother and that’s how we treat it — with respect,” Mr Williams said.
“Our land has been destroyed. Our mother’s been taken away from us.”
Community’s ‘greater exposure’
Hundreds of residents from Wreck Bay and neighbouring villages have joined the action, filed by Shine Lawyers in the Federal Court on Tuesday night.
“These chemicals are known around the globe to persist in the environment and in human bodies, and there’s a lot of evidence out there to suggest that there are possible human health affects that relate to these chemicals as well,” said the practice leader of class actions with Shine Lawyers, Josh Aylward.
“This class action is claiming three things. One is for loss in property value, the second is for inconvenience, stress and vexation, but unlike any other action that’s been run so far we’re also bringing a claim for cultural loss.
“For the people in Wreck Bay, because of their intimate connection with the land and how far back it goes, they appear to be exposed to the contamination more than most other people are in most other communities.”
The fresh suit follows the successful settlement of similar legal challenges brought by the firm on behalf of the communities of Katherine in the Northern Territory and Oakey in Queensland in 2020.
The government also agreed to compensate residents at Williamtown in New South Wales who pursued legal action separately.
Defence planning remediation
Mr Williams said for his family at Jervis Bay, the loss of culture is priceless.
“It can never be replaced. No compensation money can ever give us back what we’ve had taken away from us,” he said.
“People want peace of mind, for the Department of Defence to turn around and say ‘sorry’.”
In a statement, a spokesperson for the Department of Defence said it had started planning for remediation of the area.
“This remediation plan is expected to be finalised in mid-2021 and will consider a range of potential treatment options — for example, excavating contaminated soils, water treatment, and infrastructure upgrades,” the spokesperson said.
“Defence will continue to engage with the Wreck Bay Aboriginal Community Council (WBACC) throughout remediation planning.”
In December 2020, Defence completed an ecological risk assessment detailing the potential exposure risks to flora and fauna in the area.
It found that PFAS was primarily moving off Defence land through groundwater and surface water into Jervis Bay Territory creeks.
“Precautionary advice has been provided to the community advising that Mary Creek is closed to human use, and that collecting and eating seafood from Summer Cloud Creek, Captains Lagoon, and Flat Rock Creek should be avoided,” the spokesperson said.
“For the remainder of the investigation area, the Defence investigation did not identify any elevated PFAS exposure risks.”
To date, the Commonwealth has agreed to pay out more than $200 million in compensation to communities affected by PFAS contamination.