Environment Protection Authority v Orica Australia Pty Ltd (the Evaporator Incident)

Orica Australia Pty Ltd was found liable by the Environment Protection Authority for the contamination of groundwater and soil at the former Orica ammonium nitrate manufacturing facility in South Australia. The incident, known as the Evaporator Incident, resulted in the release of ammonium nitrate into the surrounding environment. Orica was required to undertake a remediation of the site to address the contamination.

The primary legal issue before the court was whether Orica had breached its licence conditions and the Environmental Protection Act by failing to prevent the release of ammonium nitrate into the environment. Orica argued that the incident was an unforeseeable event and that it had taken all reasonable steps to prevent such a release. The court had to determine whether Orica's actions met the standard of care required under the Act and its licence conditions.

The court found that Orica had breached its licence conditions by failing to prevent the release of ammonium nitrate into the environment. The court held that Orica had not taken all reasonable steps to prevent the incident, and that it had not adequately managed the risks associated with the operation of the evaporator. The court found that Orica was liable for the contamination and ordered it to undertake a remediation of the site to address the contamination. The court also ordered Orica to pay costs to the EPA.