The term incidents refers to any significant human activity, accidental or not, that contributes or creates the conditions in which environmental and cultural heritage is degraded.
Drought conditions in western NSW developed from 2016 onward, this cumulatively caused the "two-year total Barwon–Darling inflows" to be the "lowest on record over the past 20 years."
Furthermore: "As part of the regular management operations for the lakes, water was released down the lower Darling system and into the River Murray".
Proximate causes / Late 20-18-2019: "Based on the flow and algal data available, it would be reasonable to assume that persistent thermal stratification occurred in the weir pool from approximately mid-October 2018""with high fish and algal biomass in the epilimnion (surface waters) and likely severely hypoxic or anoxic conditions in the hypolimnion (bottom waters).
Although these two events featured headfirst, "further broader-scale fish kills occurred throughout, 600 km of the Darling–Baaka River as disconnected refuge pools contracted and water quality deteriorated from June 2019 to March 2020.
The court heard Principal Engineering Hydrologist at PSM, Doug Anderson statement that offense coincided with "the worst drought in living memory" [16] and that the value of that water to the environment had significantly higher value then normal Justice Pain notes that the ability to prove damages equivalent to a greater fine was more difficult, were:[16] "The prosecutor cannot prove to the requisite standard that the drought exacerbated actual harm to the environment" "Whitehaven has previously publicly addressed aspects of NRAR’s investigation, including noting the complexity of the water management system in NSW and the fact that some of the alleged non-compliances concern practices widely observed in the NSW coal mining sector.
It was immediately clear that this was an extraordinary haven for wildlife ” As the cyclone moved south, the Queensland department of Environment and Science granted "Abbot Point Bulkcoal Pty Ltd a temporary emissions license (TEL) for the period 27 to 30 March 2017, to assist with site water management during and after TC Debbie"[21] The TEL authorized total suspended solids (TSS) releases of up to 100 milligrams per litre (mg/L) into the Caley Valley Wetland.
[21] This represents a breach of over 26 times the containment limit prescribed to Adani under their existing agreements with the Queensland Environmental authority.
"As beautiful as it was, it wasn't deemed to have cultural values and there is dispute about that and we respect and understand that, but we've been guided by our knowledge holders and cultural experts," - Jason Mifsud, Chair of EMAC[31] Representatives from the Djab Wurrung Heritage Protection Embassy filed three separate injunctions against Environment Minister Sussan Ley decision making in the matter.
Although the environment minister was required to reconsider her decision making, the commonwealth in mid 2019 eventually denied the cultural significance of the trees, setting the precedent for their destruction later in the year.
[32] Protecting culturally threatened sites has been the focus of many Djab Wurrung people, forming an embassy in proximity to the trees in mid-2018.
Approximately 50 people were arrested, in an amalgamation of charges related to failing to comply with the Chief Health Officer directions and obstructing police.