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 Chance of class action against NSW Government over coalmining in Upper Hunter 

Chance of class action against NSW Government over coalmining in Upper Hunter

11 Aug, 2009 04:00 AM
THE State Government could potentially face a multi-million dollar class action from Upper Hunter residents who became ill from the effects of coalmining and power station emissions, the Environmental Defenders' Office said.

The office has agreed to take up the case of hundreds of residents who have been lobbying for decades for a public health study into the effects of the region's two largest industries.

Scientific environmental and medical research is being used to prepare a submission to the Government.

Accounts of local doctors who have recorded increasing incidences of respiratory illnesses in the region during recent years will also be referred to in the submission.

"We will be putting the ministers for health, planning and environment on notice that this is an issue that needs to be properly investigated as a matter of urgency," Environmental Defender's Office principal solicitor Kirsty Ruddock said.

"We are calling on them to satisfy their duty of care by doing a proper population health study in the region."

If it was proved in years to come the Government failed in its duty of care, it could potentially face a class action from those who had contracted air pollution-related illnesses while living and working in the Upper Hunter.

It is believed the case is one of the first of its kind.

"It's a fairly unusual case for us to take on," Ms Ruddock said.

"A lot of the issues that come to our attention relate to specific pollutants but this is more of a general air quality issue.

"We are doing this because we believe these communities need to be represented."

Health authorities have been reluctant to carry out a public health study of the Upper Hunter because they believe the area does not have an adequate population base to make such a study scientifically valid.

MineWatch president and Camberwell resident Wendy Bowman said she approached the Environmental Defenders Office as a last resort.

"We are not going to go away there are so many people who have become sick as a result of the air," she said.

The Environmental Defenders Office is expected to present its submission to the Government in the next six weeks.

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Date: Newest first | Oldest first
congratulations on your decision ms. ruddock, lets hope the government cant get out of it with some underhanded retrospective legislation.
Posted by just a thought, 11/08/2009 9:50:20 AM, on The Herald
The people in these communities have been treated abysmally by the state - their concerns have been ignored for coal royalties. Coal mines have been left to self assess their emmissions - what the surrounding residents have been breathing - how can this be right? The dust these kids have been breathing contains all manner of contaminants - asthma is their short term problem - when the heavy metals accumulate as they get older then the real problems start.. open cut mining should not be allowed within 5km of any residential area. By allowing this to happen, isn't there a case for child neglect against the state?
Posted by ItsCriminal, 11/08/2009 10:35:06 AM, on The Herald
Health authorities being reluctant to carry out a health study because they considered certain areas do not have an adequate population base is very worrying. Our children are the ones who are the most vulnerable. For instance, would 775 school and pre-school children in Gloucester township be considered a small population?
Posted by Lifestyle, 11/08/2009 11:41:48 AM, on The Herald
Absolutely Lifestyle, I dont think there is a population large enough NOT to be considered small in the face of a buck.
Posted by LakeMacResident, 12/08/2009 12:18:05 AM, on The Herald
A fourth power station for the Upper Hunter (Bayswater B) is proposed. Now is the time for the DG of Planning to require a health risk assessment for the development as part of the environmental assessment. Singleton resident
Posted by Singletonian, 12/08/2009 12:46:01 AM, on The Herald
old king coal needs to be held accountable. an ethical audit is also long overdue. eg right next to eraring power stations dusty old ash dam & rusty yellow sulphur sunset stacks is myuna bay sport and recreation. it used to be named the myuna sport & fitness centre, no wonder they took the word "fitness" out of the title! These kids come from all over the state, how will their health be monitored and followed up. families, tourists and locals deserve to know the risks so they can make informed decisions about their & their childrens health & risks!!
Posted by Black Lung!, 13/08/2009 12:53:30 PM, on The Herald

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Q: Should air quality in the Upper Hunter be investigated?

Yes
(82.3%)

No
(17.7%)

Total Votes: 130
Poll Date: 10 August, 2009

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