Barra farm cops big fine for breaching environmental laws
shire creeks
The owners of a Killaloe barramundi farm during 2022-23 have been fined a total of $360,000 for unlawfully allowing the toxic substance copper sulfate to flow into two creeks, failing to comply with an order from the State Government Environment, Tourism, Science and Innovation Department, and carrying out an environmental activity without the correct approvals.
Cairns Magistrates Court Magistrate Jakub Lodziak in September found fish farm owners Mainstream Aquaculture and managing director Boris Musa guilty on 16 counts relating to releasing water from barramundi ponds into Muddy Creek and Packers Creek and switching from farming prawns to barramundi without the necessary environmental permits in place.
RELATED STORIES
- Guilty verdict in barramundi farm court case
- Killaloe barra farm on environmental pollution charges
- Fish farm says 'sorry' as they work to fix odour issues
The Mainstream convictions included unlawfully depositing a prescribed substance in local waterways five times, twice failing to comply with a directions notice and carrying out an environmentally relevant activity without authority, while chief executive Boris Musa was found guilty of failing to ensure a corporation complies with the Environmental Protection Act.
Magistrate Lodziak last week handed down his penalty, fining the company $300,000 and Mr Musa $60,000.
Convictions were recorded against the company, but not against Mr Musa.
Allowing copper sulfate to flow into Muddy and Packers creeks did not necessarily damage or hurt the environment, Magistrate Lodziak found.
There was no suggestion the company was introducing copper sulfate - often used by aquaculture companies to control algal blooms - directly into Port Douglas waters, but was depositing it into ponds in the farm for legitimate reasons and some of it had made its way into the waterways.
Magistrate Lodziak found the company was not testing for copper levels where the water was being discharged.
The company had argued the release of the prescribed substance did not break the law because the water was going into prawn ponds before first entering drainage channels, and then the two creeks.
The company was not approved to farm barramundi at the former prawn farm between September 2022 and March 2023.
Originally a small family venture, Mainstream bought the barramundi farm in 2021.
In November 2024 the farm management apologised to surrounding residents for a stench wafting towards Port Douglas, saying it was working hard to fix the issue while investing in equipment to prevent it happening again.
Mr Musa said at the time the smell was the result of a mass fish die-off and algae developing in a pond.
“It’s not as simple as us draining the pond,’’ Mr Musa said.
Support public interest journalism
Help us to continue covering local stories that matter. Please consider supporting below.
