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Wreck Bay PFAS class action settles for $22m

The federal government offered $22 million to settle a class action for the PFAS contamination of the Wreck Bay Aboriginal community.

user iconNaomi Neilson 26 May 2023 Big Law
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Days before the class action was to go to trial in the Federal Court, the settlement amount was reached and agreed to pending court approval, according to an ASX announcement from Shine Justice.

Shine Lawyers brought the class action on behalf of members of the Wreck Bay community for claims to losses to property value and use and enjoyment of the land and culture loss.

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Residents alleged Defence negligently allowed perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals to leech into surface water, groundwater and soil through firefighting foams.

It was alleged the foam was used on neighbouring naval base HMAS Creswell and the Jervis Bay Range Facility since the 1970s.

When the class action was announced in February 2021, practice leader Joshua Aylward said the foam “considerably impacted the value of the surrounding land and adversely affected the community’s connection to Country”.

He added that “locals fear that the next generation will lose a spiritual connection to the water and land that has cultivated there for years”.

The Defence Force commenced a site investigation at the base and facility in March 2017 and found PFAS in surface water, groundwater and sediment around the base.

The report identified widespread contamination in groundwater on and off base, exceeding health recommendations.

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