Spray drift: Farmers face fines and prosecutions NSW EPA

Almost 40 farmers and spray operators in NSW are facing potential prosecutions after spray drift caused millions of dollars of crop damage.

Cotton Australia says spray drift damage over summer resulted in millions of dollars in damage.

Almost 40 farmers and spray operators are facing potential fines and prosecutions after millions of dollars of spray-drift damage was reported in NSW over summer.

In January and February, cotton farmers went public with pictures of withered, stunted crops, alleging chemicals sprayed incorrectly on neighbouring properties had drifted on to their fields.

The scale of the damage was some of the worst farmers had ever seen, stretching across hundreds of thousands of hectares and multiple growing regions.

Cotton Australia general manager Michael Murray estimated the value of the lost crop was “easily tens of millions of dollars” and called for government regulators and enforcement agencies to expand enforcement operations.

Speaking to The Weekly Times this week, NSW Environment Protection Authority executive director of regulatory operations Carmen Dwyer said the agency had stepped up its operations and was using farmer tip-offs and insurance claim data to zero in on “rogue operators” using satellite imagery.

A total of 39 investigations were under way, with fines and prosecutions expected, she said.

A cotton plan damaged by spray drift.

Mr Murray said checks during vulnerable periods would be more effective than investigations after damage had been done.

“We all recognise it’s really, really difficult (to secure a successful prosecution), so let’s just concentrate on ensuring people are doing the right thing (during spraying),” he said.

“Without being privy to exactly what the EPA are investigating, I think they would be far better putting their resources into checking applicators while they’re applying or immediately before and after … rather than trying to unravel an event after the damages occur,” he said.

Mr Murray said a network of 100 weather towers were now able to provide live data on hazardous conditions, and checks on operators during these times could quickly pick up operators spraying at the wrong time.

Ms Dwyer said it would be impractical for the agency to try to catch spray rig operators in the act.

“The likelihood of stumbling across (an operator doing the wrong thing) is not necessarily very high,” she said.

After pre-announced inspections in the Macquarie Valley, Northern Slopes and Riverina in March and May, the EPA has issued a total of 120 “advisory letters” for breaches including incorrectly stored chemicals. The letters do not involve fines.

In February, figures released to The Weekly Times showed the agency had issued $85,150 in fines for spray drift over the four years from September 2018 for 53 offences — an average of $1600 per offence.

In Victoria, Agriculture Victoria is actively investigating three complaints about spray drift. The agency has not issued any fines or initiated any prosecutions since October last year.

Maximum penalties for causing damage by misusing agricultural chemicals are $120,000 for an individual, and $250,000 for a company.