$132.7m settlement for landowners near defence sites

Bandiana and Wodonga residents are among thousands of landowners around Australia whose properties were contaminated by firefighting foam used on Defence bases to have secured a multi-million dollar payout. The settlement announced in the Federal Court on Monday still requires final approval from a judge. Parties reached an in-principle, binding agreement at the weekend for a sum of $132.7 million, covering about 30,000 landowners near seven sites, the court heard. Members of the class action will be issued further details about the settlement as it approaches approval. The Commonwealth did not adequately prevent toxic chemicals in the foam from escaping and contaminating soil and groundwater, the suit alleged. It has not admitted liability in the terms of the settlement. News of the agreement was emailed to the court at about 12.10am on Monday. The so-called "forever chemicals", which accumulate in the body and do not naturally degrade, are linked to cancers, birth defects and diseases. Monday's agreement covers sites near Royal Australian Air Force bases at Richmond and Wagga, Bullsbrook in Western Australia, Darwin in the Northern Territory, Edinburgh in South Australia, Townsville in Queensland along with Bandiana and Wodonga. The Department of Defence previously agreed to pay landholders in Katherine (NT), Oakey (Queensland) and Williamtown (NSW) in a 2020 settlement worth $212.5 million. Shine Lawyers joint head of class actions Craig Allsopp said in a statement the agreement would save the cost of a risky trial. "The settlement money, if approved, will go some way to compensate the seven communities in this class action for their losses, however, many are still stuck on contaminated land," he said. Another case involving Wreck Bay Aboriginal Community Council has been adjourned for further mediation. Justice Michael Lee said the parties have had plenty of time to settle it and a trial will begin on May 29 if they cannot. "If the case doesn't settle it's got to start," he said on Monday. * PFAS is the short name for a family of manufactured chemicals used in industry and consumer products since the 1940s * There are thousands of types of per- and poly-fluoroalkyl substances (PFAS) and they are valued for their heat, water and stain-repelling properties * They are in a vast range of products including food packaging, make-up, paint, carpet and fabric * Australia began phasing out certain types of PFAS-containing firefighting foams in 2004 but their use has left a costly legacy of contamination at defence bases and airports * PFAS are sometimes referred to as forever chemicals because they are long-lived and don't easily break down * They are often toxic and can accumulate in plants, including agricultural crops, and in animals, including humans * Experts say they are ubiquitous, meaning they are found everywhere on earth in air, soil and water * Scientists suspect PFAS might pose broad health risks including cancer but research is inconclusive * The US Environmental Protection Agency cites peer-reviewed scientific studies showing exposure to certain levels of PFAS may lead to increased risk prostate, kidney and testicular cancers * The EU says PFAS can lead to liver damage, thyroid disease, obesity, fertility issues and cancer * Australians generally have at least three types of PFAS in their bodies: PFOS, PFOA and PFHxS * PFOS and PFOA were the active ingredients used in the firefighting foams that have since been phased out; PFHxS was commonly present in the foams as a manufacturing impurity * The defence department began phasing out its use of foams containing PFOS and PFOA in 2004 with states, territories and other agencies following * PFOS, PFOA and PFHxS are readily absorbed through the gut and once present in a person's body it takes two to nine years before levels go down by half * PFAS have been shown to be toxic to some animals and can bioaccumulate and biomagnify in some wildlife, meaning animals higher up the food chain may accumulate high concentrations in their bodies * The toxicity, mobility, persistence and bioaccumulation potential of PFAS means they have the potential to cause serious environmental and human harms depending on exposure levels * PFOS and PFOA are highly persistent and can travel long distances in water and in the air To read more stories, download The Border Mail news app in the Apple Store or Google Play. Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: