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WHAT SHOULD BUSINESSES BE DOING IN 2019?
Testing for contamination was conducted of thewaterways, drains, and groundwater with a focus on testing outside the boundary of the training sites. Class actions loom large, with IMF litigation funding three class actions against the Department of Defence relating to PFAS migration from three RAAF sites, and exploring class actions for 15 other RAAF sites. Moreland City Council v Verve Constructions Pty Ltd; Moreland City Council v Future Estate Group Pty Ltd [2019] Victorian Magistrates Court The developer, builder, owner and Director of an eight-storey apartment building development in Pentridge were found to have breached a Council planning permit, by commencing the development prior to finalisation of an Environmental Audit relating to suspected land contamination from a former prison at the site. The parties were fined a total of $36,000. CASE STUDY
In light of the potential environmental, legal and health risks that PFAS pose to businesses, including their employees, customers, and other stakeholders, business leaders with land holdings with historical fire sites should determine whether their site has been contaminated by PFAS. If so, businesses should seek advice on the appropriate steps to contain the contamination and minimise the risk of exposure. Regulators have the ability to take action for breaches of environment and planning legislation against not just the offending company, but also contractors, managers, and directors. Directors and principals should be aware of this personal liability, and ensure that the company implements processes to ensure that employees and contractors are aware of their obligations and comply with them.
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