The owner of the once-iconic Murray Cod Hatcheries blamed PFAS contamination for its demise. Photo: Chris Roe.
The former owner of the Murray Cod Hatcheries is suing the Federal Government over the alleged contamination of his property and business with per- and poly-fluoroalkyl substances (“PFAS”) said to have escaped from RAAF Base Wagga.
Between the 1970s and at least 2004, the Australian Defence Force used a firefighting foam called aqueous film forming foam in training exercises. The foam contained toxic PFAS chemicals.
Greg Semple has long claimed these chemicals caused thousands of his fish to grow with twisted spines and deformed skulls, which ultimately led to the closure of Wagga’s once-thriving Murray Cod Hatcheries in 2019. He has spent the past seven years fighting to be compensated.
Mr Semple was originally part of a group of property owners across Australia who launched a PFAS contamination class action in the Federal Court, alleging the Department of Defence negligently allowed toxic chemicals to escape from defence bases and contaminate surrounding environments. The contamination was said to have negatively impacted properties, land values and local livelihoods.
Mr Semple opted out of those proceedings and instead took direct legal action against the Commonwealth Government in the NSW Supreme Court. He alleges PFAS leaked from RAAF Base Wagga and contaminated his land and business, claiming negligence, nuisance and breach of statutory duty.
Investigations by the Defence department reportedly confirmed PFAS leaked away from the RAAF base through the stormwater network, which drains into wetland near the former site of the hatcheries.
Last month, Mr Semple had a minor win when the Supreme Court ruled he could access and view four important documents tendered in the Federal Court class action.
The documents include an expert chemistry report and three sworn statements (affidavits) from people with knowledge of PFAS use at the Wagga RAAF base.
Mr Semple asked the government to hand over the four documents. While the government agreed to do so, a court registrar was unsure whether they had the authority to order their release. The issue was referred to a judge, who ruled in Mr Semple’s favour.
The Supreme Court case is continuing.
In May 2023, Shine Lawyers reached an agreement in the PFAS contamination class action against the Department of Defence, resulting in the Commonwealth Government paying $132.7 million in compensation to affected group members.
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