Klass Nierop convicted for Ballina Trawler harbour pollution

A North Coast boatie was dobbed in by neighbouring trawler owners after he dumped faecal matter into a popular harbour, posing a significant maritime health risk. He claimed it was ‘very good coffee’.

A man who poured faecal matter into a Ballina boat harbour and told authorities it was coffee has copped a five figure fine.

Klass Nierop, 89, was convicted at Ballina Local Court for polluting waters.

Magistrate Karen Stafford heard the charge related to Neirop “deliberately” discharging faecal matter from his boat into the Ballina Trawler harbour on September 24,2020.

His actions came to the attention after neighbouring boat trawlers complained to Transport for NSW authorities.

A boat safety officer observed Nierop let loose a “gush of dark coloured liquid from a square metal skin fitting” from his 12.9m timber boat, according to court documents.

The liquid was described as having a “strong odour and contained many small green and light brown coloured particles which appeared to be vegetable matter”.

The same officer then noticed Nierop dump a clear liquid into the Richmond River.

Upon interview with the Boat Safety Officer, Nierop placed a dog between him and the officer in a position deemed “unnerving” in court documents.

The court documents state Neirop’s explanation of the liquid went like this:

“At 5.31 this morning I observed a discharge coming from your boat at port side which was brown in colour and had a slight odour,” the boat safety officer told Nierop.

“It was very good coffee, it was 55 Harris coffee from a plunger,” Nierop replied.

Transport for NSW prosecutor Charlene Searson tendered diagrams on Friday which showed the proximity between the two boats.

Ms Searson said zero was considered a safe level of E-Coli in water used for drinking compared to what was found when laboratory analysed.

“Greater than 100mg is considered high risk,” she said.

“On the analysis, these amounts sampled are in the millions.”

Neirop was convicted in absence after he appeared for court proceeding in the morning last Friday but left without being excused and did not return by 2.35pm.

Magistrate Stafford said the offence was proved given evidence and that Neirop’s continued to “maintain that he had done nothing wrong”.

Nierop elected the matter proceed by court after receiving a $700 ticket in November 27, 2020.

Ms Stafford took into mind the popularity of the harbour and possible damage to shellfish and other marine life.

“It’s an area where I’m told is home to shellfish and the like and the reading that was detected is significant in the extent of harm to the marine environment,” she said.

“Not just to the water but the crustaceans.

“He told investigating officers it was coffee, that was clearly not the case.”

She did note that it was a single day of offending however two discharges were made.

Given this, she convicted Nierop and sentenced him to a $10,000 fine.