Indigenous communities impacted by the contamination of firefighting chemicals on their ancestral lands have marked a huge victory in court.
Through a class action settlement with the federal government a sum of $22 million has been secured.
During a recent Federal Court hearing the details of the settlement were made public. The affected individuals will receive $17 million after deducting administrative expenses and additional legal costs.
This financial compensation specifically addresses the plight of those who have been harmed by the use of firefighting foam that contains hazardous per- and polyflouroalkyl substances (PFAS).
PFAS, often called "forever chemicals", have a persistent nature and do not easily degrade, contributing to the accumulation of toxins in plants and animals.
The Wreck Bay Aboriginal Community Council (WBACC) initiated the class-action on behalf of those residing near the HMAS Crewel and the Jervis Bay Range Facility bases, along with those who use the land traditional and cultural practices.
Around 1000 residents of Wreck Bay and who have a connection to the affected land are anticipated to qualify for the settlement.
Shine lawyers, who represented the plaintiffs are also expected to receive up to $5 million to cover the costs associated with litigating the case.
The focus on the case brought by the WBACC was to seek damages related to the use of the land.
Earlier this month, the Commonwealth settled a separate class action with land owners near seven different RAAF bases for $132.7 million.
In 2004, Australia started phasing out specific types of firefighting foams that contained PFAS. Although, the use of these foams have resulted in a notorious and expensive legacy of contamination at defense bases and airports.
The approval of the Wreck Bay settlement will be considered by Justice Michael Lee during a Federal Court hearing scheduled for June 19.
Then, a separate hearing will take place on August 25 to review and possibly approve the $132.7 million settlement related to the PFAS contamination.
