Environment Agency Imposes $8,000 Fine for Death of a Thousand Crayfish

Govetts Leap Lookout in the Blue Mountains. (Taras Vyshnya/ Shutterstock)

A person has been fined a hefty $8,250 for allegedly causing the catastrophic death of numerous crayfish in a stream near Hazelbrook Creek in the Blue Mountains last August.

A tour guide found the 1,000 dead and dying giant spiny crayfish in the tributary of the creek near Horseshoe Falls last year.

The NSW Environment Protection Authority (EPA) issued two penalty notices after discovering nearly 40 litres of diluted pesticide spilled down a private property driveway, which flowed into the stormwater system, leading to the significant crayfish kill spanning 600 metres of the creek.

Bifenthrin, a pesticide commonly used for pest control but highly toxic to crayfish, was found in the water, sediment, and crayfish samples taken from the creek.

EPA Operations Director Jason Gordon said the pollution incident was preventable and had significant consequences.

“The individual had the opportunity to clean up the spill to prevent further harm but failed to do so,” he said.

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“While we are pleased the person responsible came forward on their own accord, we are committed to holding individuals accountable for actions that endanger our precious ecosystems,” he added.

He noted it was a crucial reminder of the harmful effects of pesticides on waterways and the importance of pesticide use and handling.

“All individuals and businesses are urged to handle chemicals carefully and to ensure that all measures are taken to prevent spills and contamination.”

The two fines were issued for breaking the Pesticides Act 1999 and the Protection of the Environment Operations Act 1997 for harming a non-target animal and polluting waters.

Council Cleared in Crayfish Kill Investigation

The investigation found that herbicides, including Glyphosate, used by Blue Mountains City Council for weed control, were not responsible for the crayfish kill, and the council was not ongoingly investigated.

Blue Mountains City Council Mayor Mark Greenhill said council staff and volunteers were deeply affected by fake claims on social media that suggested they were responsible.

“The opposite is true. Apart from assisting the regulator in the current case, our people dedicate themselves to keeping our waterways clean and protecting the wildlife within,” he said.

“To those who think it is a source of personal aggrandisement to suggest possible blame without any evidence, this should be both an embarrassment and a salient warning.”

Bifenthrin Linked to Previous Crayfish Deaths

It is not the first time Bifenthrin has killed the local Giant Spiny Crayfish species in large numbers in the Blue Mountains.

In 2012, more than 1,000 dead giant spiny crayfish were discovered in a two-kilometre section of Jamison Creek, Wentworth Falls, within the Greater Blue Mountains World Heritage Area.

A multi-agency investigation found that the pesticide entered the creek through a conventional stormwater drainage system, connecting the property where it was over-applied to the creek 300 metres away, adversely affecting the entire aquatic macroinvertebrate community.

Pest control operators were protected.

Brad Smith, acting Chief Executive of the Nature Conservation Council of New South Wales, stressed the ramifications of these incidents.

He called for shared responsibility to safeguard the region’s valuable World Heritage status, especially in ecologically fragile areas like the Blue Mountains.