Toxic clean up cost must now involve former owner ICI - 26 May 2005

The NSW Government must now consider legal action against the former parent company of Orica if the huge cost involved in cleaning up extensive land and water contamination at sites across Sydney and Port Kembla are to be met, Greens MLC Ian Cohen said today.

“Land contamination law in NSW applies the polluter pays principle, so even if ICI is no longer the majority owner of Orica, it is still responsible for any contamination that occurred at its Port Botany, Villawood and Port Kembla sites when it was,” Mr Cohen said.

In 1997, after 69 years of involvement in Australia, ICI Plc divested its 62.4 per cent shareholding in ICI Australia (now Orica).

“Protecting public health is critical. We cannot afford to wait until people to die before there is action to force a company to clean up its pollution.

The Contaminated Land Management Act establishes a hierarchy of people who the Environment Protection Authority may order to carry out clean up work.

“The clean up cost at Botany alone could easily be more than the $167 million Orica has so far committed. But, now that action has finally been taken at Villawood and Port Kembla, consideration of how to fund the enormous clean up costs must now include ICI’s legacy in Australia,” Mr Cohen said.

The ICI Group is a huge international business, employing more than 33,000 people worldwide and with (2004) sales touching $13.7 billon.


Further Information: Paul Sheridan, 0410 516 656