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'Gross negligence' behind overflow of Palmer's tailings dam, court hears
Monday, 29 Aug 2016 17:24:35 | Ben Millington
Google Earth image of Yabulu Nickel Refinery in May 2014. (Google Earth)
Clive Palmer's nickel refinery has been accused of "gross negligence" over the overflow of its tailings dam during a trial in north Queensland.
The dam, containing cobalt and ammonia, overflowed for five consecutive days when cyclone Oswald hit in April 2014.
The company is facing two counts of wilfully contravening its environmental permit.
In Townsville District Court on Monday, the prosecution told a jury the company was aware for a long time that its dam did not meet requirements and, despite warnings from the Environment department, it did nothing.
The court heard this amounted to gross negligence.
The prosecution also argued heavy rain from the 2014 cyclone was not ultimately responsible for its tailings dam overflowing.
According to Queensland Nickel's own figures, up to 21 million litres went over the spillway each day, he said.
The prosecution said the dam was already at a critical level when the storm hit and that cyclone Oswald was not particularly extreme or unusual.
The trial is expected to hear from a range of witnesses throughout the week, including a meteorologist and staff from the office of Environment Protection and Heritage.
The jury has been provided with expert reports Queensland Nickel's own consultants which the prosecution said will prove the company was aware it was in breach of its environmental authority.
Queensland Nickel has elected not to take any part in the trial and a plea of not guilty was issued by the judge on its behalf.
The trial is expected to last the rest of the week.
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