Hazelwood corporation fined $1.56m; ‘should have prepared better’ for bushfire risk
The operator of the Hazelwood mine ‘demonstrated a degree of complacency’ by not preparing adequately for the fire.
The operator of the now closed Hazelwood Power station and mine in the Latrobe Valley in Victoria’s east has been fined $1.56m by the state’s Supreme Court.
Hazelwood Power Corporation last November was found guilty of 10 charges for the fire in 2014 that tore through the north end of the open-cut mine near Morwell.
The fire blanketed the Latrobe Valley in smoke for 45 days after it was sparked by embers from a nearby bushfire on a day of significant fires across the state.
Justice Andrew Keogh in his sentencing remarks on Tuesday said the operator of the Hazlewood mine had demonstrated a degree of complacency by not preparing adequately for the fire.
“This was not because of any conscious disregard by (Hazelwood), which was clearly attentive to the risk of coal fire at the mine,” he said.
“It was in (the corporation’s) interest to reduce the frequency and size of coal fires, and it had achieved real success in doing so. Hazelwood hadn’t come under attack from a bushfire or burning embers in almost 60 years of operations.”
WorkSafe Victoria CEO Colin Radford said while the Hazelwood corporation did not start the fire it should have prepared better for the risk.
“Brown coal fires are notorious for emitting air-borne pollutants including carbon monoxide, the harmful effects of which are well known,” Mr Radford said.
“This was an entirely foreseeable event that has led to significant adverse health impacts, and WorkSafe will continue to prosecute employers who fail in their duty to protect not only their workers but also the general public.”
Late last year a Victorian Supreme Court jury found the company had not adequately assessed the risk of fire, did not have an adequate reticulated water system, failed to slash vegetation around the mine and did not take action early enough to wet down areas around the mine.
The court heard last year that despite the total fire ban on the day the mine had only rostered on two additional staff to deal with the risk at the coal mine.
In sentencing on Tuesday, the company was fined $1.25m for five breaches of the OHS act for failing to provide employees a safe working environment.
The company was also fined $310,000 for five charges of failing to ensure persons other than employees were not exposed to health and safety risks.
The judge ordered a stay of 90 days for payment of the fine.
Hazelwood Pacific, Australian Power Partners, Hazelwood Churchill and National Power Australia Investments are due to be sentenced for the Environmental Protection Agency breaches later on Tuesday.
European multinational Engie, which is part-owned by the French government, announced in November 2016 that it would close the mine in March 2017.
Additional reporting: AAP
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