Our ref: CORP F2019/000191

20 June 2019

Dear

Government of South Australia Primary Industries and Regions SA ..,

BUSINESS SERVICES, CORPORATE SERVICES Level 16 25 Grenfell Siredt Adelaide SA 5000 GPO Box 1671 Adelaide SA 5001 DX 667 Tel 8429 0422 www.plr.sa.gov.au

Determination under the Freedom of Information Act 1991

I refer to your application made under the Freedom o f Information Act 1991 which was received by Primary Industries and Regions SA (PIRSA) on 16 April 2019, seeking access to the following:

"A copy o f materials relating to the discharge of industrial chemicals into an estuary near the Nyrstar smelter in Port Pine that occurred approximately two months ago, resulting in a mass fish-kill. I understand there was a briefing document that summarised the situation with the fish kill. Ideally I would like an electronic copy."

Time frame: 31/12/2018 to 15/4/2019

Following contact made with you by PIRSA's Freedom of Information and Privacy Officer on 8 May 2019, it was confirmed that you are seeking copies of documents prepared or held by PIRSA that relate to the event, in addition to the briefing document.

I apologise for the delay in responding to your application.

Accordingly, the following determination has been finalised.

I have located four documents that are captured within the scope of your request.

Determination 1

I have determined that access to the following documents is granted in part:

bO,No. .Description ofsloOtnen NO..ot,

Email from EPA dated 2/2/2019 end l incident report 4 2 Minute from Chief Executive, PIRSA to Minister for Primary

Industries and Regional Development dated 8/2/2019 re Acid Spill and Fish Kills at the Nyrstar Smelter in Port Pine Email thread between PIRSA:Media, S Sloan (PIRSA), P Dietnnan (PIRSA), S Roberts (PIRSA) dated 2/2/2019 re holding statement

2

Objective ID: A4011126 Page 1 of 4

The information removed from the above documents is refused pursuant to Clause 4(2)(a)(i) and (b) and Clause 6(1) of Schedule 1 of the Freedom of Information Act.

The information removed is identified as follows:

Document 1:

• Clause 4(2)(a)(i) and (b): All redactions, except for one redaction on page 3 from the "Communications" section

• Clause 6(1): The redaction on page 3 from the "Communications" section

Document 2:

• Clause 4(2)(a)(i) and (b): All redactions, except for one redaction on page 3 from the field titled "Mobile and Landline"

• Clause 6(1): The redaction on page 3 from the field titled "Mobile and Landline"

Document 4:

• Clause 4(2)(a)(i) and (b): Information removed from first paragraph of page 2 • Clause 6(1): Mobile telephone numbers on pages 1 and 2

Clause 4(2)(a)(i) and (b) states:

'4— Documents affecting law enforcement and public safety

(2) A document is an exempt document i f it contains matter the disclosure of which — (a) could reasonably be expected —

(i) to prejudice the investigation of any contravention or possible contravention of the law (including any revenue law) whether generally or in a particular case;

and (b) would, on balance, be contrary to the public interest."

In addressing the public interest requirement for the Clause 4 exemption, I have balanced the following factors:

In favour of the public interest:

• Meeting the objects of the Act favouring access to documents. • The importance of transparency and openness and the interest that the public

has in the government's decision-making processes. • Ensuring compliance with legislative requirements on environmental matters.

Objective ID: A4011126 Page 2 of 4

Contrary to the public interest:

• The documents contain information and evidence being considered as part of an investigation by the Environment Protection Authority (EPA) into whether there has been any breach of provisions of the Environmental Protection Act 1993. A regulator should be able to carry out its legislative functions and investigate matters that may lead to legal action being taken without fear of the information being prematurely released, prior to its findings.

• Should prosecution action be pursued, the release of this information could jeopardise or circumvent standard Court processes such as document discovery with the defendant. Accordingly, it is not in the public interest for the release of information whilst legal matters are pending or outside of normal legal processes.

• Should the findings reveal any allegations of wrong-doing, disclosure of this information could reasonably be expected to prejudice the possible contravention of the law.

After weighing up the above factors, I have determined that disclosure of this information would, on balance, be contrary to the public interest.

Clause 6(1) states:

"6 - Documents affecting personal affairs (1) A document is an exempt document i f it contains matter the disclosure of

which would involve the unreasonable disclosure o f information concerning the personal affairs o f any person (living or dead)."

The information removed pursuant to Clause 6(1) from Document 1 consists of the name of the fisherman who reported the incident. It is expected that an individual should be able to report such a matter without fear of their name being released into the public domain.

The information removed pursuant to Clause 6(1) from Documents 2 and 4 consists of the telephone numbers of staff members.

Accordingly, it is considered that disclosure of this information would be an unreasonable intrusion into the privacy rights of the individuals concerned.

Determination 2

I have determined that access to the following document is refused:

Do-t: o. ' • _

Description of document

_ . V ' Pages - 3 Parliamentary Briefing Note dated 7/2/2019, 12/4/2019,

16/4/2019 3

Access to the above document is refused pursuant to Clause 17(c) of Schedule 1 of the Freedom of Information Act which states:

Objective ID: A4011126 Page 3 of 4

"17 — Documents subject to contempt etc A document is an exempt document i f it contains matter the public disclosure o f which would, but for any immunity o f the Crown —

(c) infringe the privilege o f Parliament."

The document consists of a briefing note which was specifically prepared for the purpose of use in proceedings in Parliament. Disclosure of this information would infringe the privilege of Parliament.

If you are dissatisfied with this determination, you are entitled to exercise your right of review and appeal as outlined in the attached documentation, by completing the "Application for Review of Determination" and returning the completed form to:

Freedom of Information Principal Officer Primary Industries and Regions SA GPO Box 1671 ADELAIDE SA 5001

In accordance with the requirements of Premier and Cabinet Circular PC045, details of your application, and the documents to which you are given access, will be published in PIRSA's disclosure log. A copy of PC045 can be found at http://dpc.sa.gov.au/ data/assets/pdf file/0019/20818/PC045-Disclosure-Log- Policy. pdf

If you disagree with publication, please advise the undersigned in writing within fourteen calendar days from the date of this determination.

Should you require further information or clarification with respect to this matter, please contact Ms Lisa Farley, Freedom of Information and Privacy Officer on 8429 0422 or email PIRSA.F01@sa.gov.au.

Yours sincerely

Deanna Fleming Accredited Freedom of Information Officer PRIMARY INDUSTRIES AND REGIONS SA

Objective ID: A4011126 Page 4 of 4

Farley, Lisa (PIRSA)

Doc 1

Zifla3;EIE2Z011EESEira

From: Hessling, Heidi (EPA) Sent: Saturday, 2 February 2019 8:26 PM To: Baldry, Keith (EPA); Behrendt, Suzanne (EPA); Bellette, Kathryn (EPA); Clarke, Melinda

(EPA); DL:EPA Emergency Response Staff; Dolan, Peter (EPA); Gowing, Georgia (EPA); Grey, Naomi (EPA); HazeII, Phil (EPA); Martin, Sophie (EPA); McInnes, Sally (EPA); Pruszinski, Andrew (EPA); Sergi, Steven (EPA); Shankar, Prabhu (EPA); Solomon, Andrew (EPA); Steer, Kelvyn (EPA); Tan, Trixie (EPA); Todd, Jeff (EPA); Tyczenko, Greg (EPA); Vogelsang, Kelvin (EPA)

Cc: Roberts, Shane (PIRSA); Sloan, Sean (PIRSA); ward, nathan (EPA); Gaylard, Sam (EPA); Vaughan, David (EPA); Barry, Stephen (EPA)

Subject: Incident update re Nyrstar acid spill [DLM=For-Official-Use-Only] Attachments: 20190202 Nyrstar Acid Spill ERT incident Report.docx

For Official Use Only

Good evening all,

The EPA emergency response team received some enquiries today regarding the sulphuric acid spill at Nyrstar that occurred on Thursday. I have spoken with Nathan (EPA licence coordinator) and Jim Tyler from Nyrstar today to understand the environmental impacts and actions undertaken. The attached incident report has been prepared at the request o f PIRSA.

Kind regards, He id i Hessiing Adviser Site Contamination

Regulation Site Contamination Environment Protection Authority Work Phone (08) 8204 9928 211 Victoria Square Adelaide 5000

A better environment for the health, wellbeing and prosperity of all South ,Australians

South Australia Wvrtmepti„sa.gov.au @SPLEPA

This email message may contain confidential Information, which also may be legally privileged. Only the Intended recipient(s) may access, use, distribute or copy this email.' I f this email is received In error, please Inform the sender by return email and delete the original. If there are doubts about the validity of this message, please contact the sender by telephone. It Is the recipient's respons1b1Ny to check the email and any attached files for viruses.

Please consider the environment before printing this e-mail.

Initial/Update Report Cl.ate, 2/2/2019 Report

time 19:00 Number. • 1

Lead diintSct

Next Incident' .repcir(due-.: (date/time); •

LcCation of • .incident

Reported by.

Summary of incident •

Nathan — 8204 2074;

N/A

Nathan Ward ((his incident report prepared by Heidi HesslIng, Emergency Response Team) Further information likely to be received on Monday 4/2/2019.

Telephone • . •

Oracle reference number

X Member Public Emergency Service Licensee Via PIRSA to Sam Gaylard at EPA on Saturday 2/2/19. Initial report of Incident to Greg Tyczenko (EPA) from Jim Tyler (Nyrstar) on Friday 1/2/19 (approx. 12 noon).

The EPA understand that Safework SA have been advised of the Incident by Nyrstar.

Potential . impact ': •

•

Dust Odour Gas / Fume Surface water X

Ground water

Marine

X

Noise Site contam

Waste Fire Flood / Earthquake

Illegal dumping

Biological Radiation Chem Hazard

X•

Physical Hazard

05_0 I_SD01, ve) ion 9

EPA Incident -: •: ' .. Coordinator Contacted

,

No Yes At date/time: By who

X Saturday 02/02/2019; 11:21 Heidi Hessling (ERT Primary).

. , Weather .. •

• 0 0

Temp Wind Comments:

40°C 13-26 km/h 212/19 Hot and dry. 1/2/19 approx 34 °C, wind 4-44 km/hr, dry 31/01/19 approx 29°C, wind 24-54 km/hr, dry

ERT At tendance • required ' ..000

Yes No X

Time o f arrival

Environmental Impact ' First Creek is a mangrove environment supporting a fish breeding

area and enters the Upper Spencer Gulf Marine Park at its discharge point.

EPA response EPA staff across the organisation are aware of incident and are being informed of progress by Nyrstar in relation to monitoring of water quality, action taken to address the release and reporting of failures that resulted in the incident. Nyrstar to communicate updates through EPA licence coordinator (further updates expected on Monday 4/2/19).

Predicted . escalatioN duration

Resources EPA management of incident ongoing through licence coordinator.

Communications EPA have discussed incident and measures undertaken to address release with Nyrstar. EPA have briefly discussed aspects of the Incident and actions undertaken by Nyrstar and ongoing EPA involvement with - fisherman who has been engaging with PIRSA. A copy of this sitrep will be provided to PIRSA.. Nyrstar and EPA have both briefed its media teams in the event that external media seek information. No other agencies involved.

Media No media currently involved

History

Others in •

attendance .

Nyrstar managing incident and keeping EPA informed of actions. EPA understand that Safework SA have been advised of Incident by Nyrstar.

Health and Safety. OHS&W Details •

•

EPA staff may be working near water when visiting site (proposed visit unplanned). Normal precautionary action to be taken. Risk assessment and STAMP to be completed prior to site visit.

Initial Risk Assessment '-REMEMBER S.TA.M.P ' . • •

. Hazard ,Refer,to EPA Risk :Matrix 1•

Extreme •

.

High ,

Moderate

. •.

LOW

•• • •

Complete with number from Matrix in correct box

05_01_SD01, version 9

,,,,,:. Risk after intended Control Actions

, -• • • :•:.•-• : :Controls - EliminationiSubstitutioni‘lsolationAngineeringf•Administrationi,PRE, , ,,,-.,-:r, •.,,,. ' •• Cobtrol Meesures ,•• ." . :Extreme ' • High r . Moderate; • • ':IZow' • •• - • •

Link Yes No Comments [Safety Activated N/A

Is there a'Procedure for this incident?

Yes No SOP Number

Sampling I Monitoring Results Date Time ERO Air Soils Metals

. Water Other

THINK PERSONAL PROTECTIVE EQUIPMENT (PPE): Head Protection. Eye Protection, Respiratory Protection, Skin Protection, Hearing Protection,

Hand Protection, Foot Protection

05_01_SD01, version 9

Government of South Australia

• Plrnaly industries and (legions SA

Minute t o • . Minister for Prirriail:InduStries and Reolenal•DeVeloOrnent

•0\\01.0S Rot: A393e437 .C1WQ.

• •

F.or . Noting.

., — 0 Critical Date As soon pcssIble

. .., Subject Acic:1, Spill and Fish -Kills at .the Nyriter meltor in . • , . Port.Pirie

Synopsis

Following a sulphuric iridident at the Nyrstar Smelter In Port Pltle; lOcalised fish 10Is • in ne,arInOangroVeshabitat have been reported by a comMercipl.fithpr. A summary of the

incident and (*doing. management potions tieing ynderi4en•hY PIRA and the Environment Protection Authority has been'provided.for noting:A:MN has been prepared should It be required.

RecornmendatiOns

That you:

1. jht informatiOn provided in this briefing.

Hon Tim WhettonP • Minister for prir.nary indyStries

and Regional •Lievelioprnent • •

. • _ Ministerial Com'mentS ' . . •- • . . ' . - . • • • ' .

D o c 2

Background

N.Yi-star Port PirlePty Ltd (Nyrstar) hblds an environmental.authorisatIon under the flvirp.nm-ontProtectioh AO 1993 for acthilties Including (but nOt limited to) Chemical

storage and warehbUSing facilities,and ferrous and non-ferrous metal meiting works. That Act is administered by the.EnvIropmerit Protection Authority (EPA).

. • On Saturday 2 February 2019, a-Commercial fisher informed PIRSA of an acid spill

that had occurredat the NyrSter leadsmeiter in Port Pine;' Which had caused some fish death § In nearby mangrove habitat.

• PIRSA immediately cOntacted the Environment protection Authority (EPA), who informed' PIRSA.that Nyrstar had'repOrted the 'incident to the EPA on Friday 1 .February 2019.

• NASA have a FISH WATCH hotline (1800 065.522) for community members Or fhb, seafOod industry, including fishers, to pall if they notice a large number of fish that ere :dead or•dying.

• • PIRSA generally lea'd fish kill investigations inSouth.Australia with thesprimary aim to

role out infectious and notifiable disease, Which may require an emergency response and can affect trade and hnarket access for our Seafopd'induStry.

• • PIRSA investigate on average 15-20 fish kill reports each year to determine likely

• cause (e.g. disease, pollution, human health Issues), However, the large majority of fish kills' are caused by natural events .(extreme weather, dodge tides, blackwater events from high rainfall and other environniental factors). If pollution or human health issue's are suspected or confirmed, then the appropriate government :agency Is notified, 'for example the EPA or.SA

• In this case, the fish kill is likely attributed to the sUlphuricacid spill from Nyrstar, so EPA is the' lead investigator for this fish kjil event.

Discussion

•

o On Sunday 3 February 2019, PIRSA Fisheries Officers travelled to Port Pine and again on Monday 4 February, 2019 to assess the reported fish kills and take samples. • However, poor weather conditions including high Winds prevented vessel and drone use in the area on both occasions.

Page 2 of

Farmer and Stakeholder Impacts/ Regional Business and Stakeholder impacts

• The.acid spill and subsequent fish deaths may cause concern among the rebreational and commercial fishing sectors, and conservation 'groups.

Management of key risks

•

•

ConsultatiOn and engagenie.nt

. • Upon receiving the reported fish kill, P I R A Immediately contaCted the EPA, who advised that Nyrstar had reported the incident to the EPA on Friday 1 February 2019,

• Nytstar and.the EPA are continuing to monitor the area, and F IRM is liaising with EpA officers regarding the incident and associated fish kill event. EPA have

. contacted the cornmercial fisher for Information that May assist their investigation.

• Fisheries Officers will continue to monitor the area if any .further repoi-ts Of dead fish occur, weather and sea conditions permitting,

for

CHIEF EXECUTIVE PrimarY Industries and Regions SA

8/2/2019

CONTACT . _

Seari.Sloan

POSITION DIVISION

MOBILE and LANDLINE PREPARED BY

Executive Director Fisheries and AquacUlture

Shane Roberts

Page 3 of 3

Doc 4

Farley, Lisa (PIRSA)

From: PIRSA:Media Sent: Tuesday, 23 April 2019 1:23 PM To: Roberts, Shane (PIRSA) Cc: Tsoukalas, Joanna (PIRSA) Subject: FW: Holding statement, Port Pine fish kill

Hi Shane,

As requested please see the holding statement that was sent up to the Minister's office. I can't recall us ever having to need to use It in the end. I have highlighted In yellow below.

Thanks,

Fontella

From: PIRSA:Media <PIRSA.Media@sa.goy.au> Sent: Saturday, 2 February 2019 7:51 PM To: Sloan, Sean (PIRSA) <Sean.Sloan@sa.gov.au>; Dietman, Peter (PIRSA) <Peter.Dietman@sa.gov.au>; Roberts, Shane (PIRSA) <Shane.Roberts@sa.gov.au> Subject: FYI: Holding statement, Port Pine fish kill

Hi all, this just went to Ryan and Sara.

Celia Brissenden Communications Manager I PIRSA

PIRgA.media@sa.gov.au

Sent from my iPhone

Begin forwarded message:

From: "Brissenden, Celia (PIRSA)" <Celia.Brissenden@sa.gov.au> Date: 2 February 2019 at 7:47:33 pm ACDT To: "Smith, Ryan (DPC)" <Ryan.Smith@sa.gov.au>, "Bray, Sara (PIRSA)" <Sara.Bray@sagov.au> Cc t "PIRSA:Media" <PIRSA.Meclia!sa.gov.au> Subject: Holding statement, Port Fine fish kill

Hi Ryan and Sara,

I believe you're already aware of this incident - background below, and lines i f you need,

TOPIC: Nyrstar fish kill DATE: Saturday 2 February 2019 APPROVALS: Sean Sloan, Peter Dietman, Shane Roberts

BACKGROUND:

Primary Industries and Regions SA (PIRSA) has been advised by the EPA of a spill of sulphuric acid from the Nyrstar smelter at Port Pine into First Creek which has resulted in some fish deaths.

'HOLDING STATEMENT

PIRSA is aware of reports of localised fish deaths in and near First Creek area at Port Pine as :a result of an isolated sulphuric acid spill at the Nyrstar smelter. The spill has been contained and is not ongoing. EPA is leading the investigation into this incident. Anyone who, comes across dead fish in the area should report it directly to the FISHWATCH 24 hour hotline 1800 065 522.

Celia Brissenden Communications Manager 1PIRSA Rgswax--.1.59i

Sent from my iPhone