Appendix 2Wreck Bay community visit
1.1On 20 January 2025, the Senate Select Committee on PFAS (per and polyfluoroalkyl substances) was privileged to visit the community of WreckBay, a Community Council-managed Aboriginal village in Jervis Bay Territory, on the New South Wales (NSW) South Coast.
1.2Four committee members attended the visit—the Chair, Senator Lidia Thorpe, Deputy Chair, Senator Varun Ghosh, Senator Perin Davey and Senator Peter Whish-Wilson.
1.3The visit provided valuable firsthand evidence on the impacts of PFAS contamination on the land, the waters, and the community to assist the committee to better understand the issues.
1.4This appendix provides a summary of the committee's visit, outlining what the committee observed, and reporting some of what committee members heard from the people of Wreck Bay. It begins by providing a brief description of the unique history and governance arrangements of Jervis Bay Territory and Wreck Bay, and describing the background of PFAS contamination in the area.
Background
Jervis Bay Territory and HMAS Creswell
1.5Jervis Bay Territory, 180 kilometres south of Sydney, was surrendered to the Commonwealth by NSW in 1915 and the laws of the Australian Capital Territory (ACT) apply insofar as they are not inconsistent with Jervis Bay Territory Ordinances. Municipal services in Jervis Bay Territory are provided by the Commonwealth. Jervis Bay Territory Ordinances are made by the Governor-General and administered by the Commonwealth minister with responsibility for Territories—currently the Hon Kristy McBain MP, Minister for Regional Development, Local Government and Territories.
1.6The Department of Defence (Defence) first established a presence in Jervis Bay territory in 1912. The Royal Australian Navy base, HMAS Creswell, was established in January 1958 and is located on the south-western shores of Jervis Bay. As part of a large national park and in recognition of its historical significance, HMAS Creswell is listed on the National Register as a significant heritage site.
1.7HMAS Creswell consists of the Royal Australian Naval College and four other departments. The School of Survivability and Ship Safety teaches firefighting, damage control and nuclear, biological and chemical defence. The Beecroft Weapons Range across the peninsula offers targets for Naval Gunfire Support practice. The fourth department provides administrative support for all sections operating out of Creswell. HMAS Cresswell is surrounded by Booderee National Park and sits on the shore of Jervis Bay Marine Park. This coastal region is popular for fishing, swimming, water skiing, horse riding, trail bike riding, canoeing, sky diving, and gliding.
Wreck Bay is Aboriginal land
1.8The Wreck Bay Community settlement consists of 403 hectares on the southern shores of Bherwerre Peninsula, around 40 km south of Nowra:
Figure 2.1Wreck Bay location
Source: Grace Crivellaro, ‘”They should have to see what they’ve done”: the scars of Wreck Bay’, Illawarra Mercury, 30 June 2023 (accessed 24 February 2025).
1.9In the late 1980s legislation was enacted which enabled the return of lands and waters at Wreck Bay to Aboriginal ownership. The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 allowed for an initial grant of 403 hectares of Jervis Bay Territory, including Wreck Bay Village, to the local Aboriginal people. In 1995 the existing Jervis Bay National Park and the Jervis Bay Botanic Gardens (now known as Booderee National Park and Booderee Botanic Gardens) were granted to the Wreck Bay Aboriginal Community.
Figure 2.2Jervis Bay Territory land tenure map
Source: Wreck Bay Aboriginal Community Council, Annual report 2021-22, p. 8.
1.10The settlement is made up of a village and surrounding bushland and beaches. The village consists of several streets with around 50 houses, a Council Administration office, an early learning centre, a medical centre, a community hall, multi-functional centre, playing fields, a fire shed and cemetery. The village has a population which 'fluctuates between 215 and 230 people' and the area is regarded as a private area that is for Community members and their invited guests.
1.11A history and timeline of Aboriginal community management at Wreck Bay is available in the Wreck Bay Aboriginal Community Council (WBACC) Annual Report 2020-21 and the Four-Year Cultural Heritage Strategy for Booderee National Park (2020). WBACC describes the connection of Wreck Bay people to the land and waters:
The cultural heritage of the Wreck Bay Community is deeply embedded in the surrounding land and waters of Bhewerre Peninsula. The natural and social histories are intertwined and reflects on relationship between Wreck Bay people and the natural environment, from traditional times until the present day.
The lands belonging to the Wreck Bay Community form part of the broader Jervis Bay landscape. The culture, history and heritage of Wreck Bay and its people is closely associated with the culture, history and heritage of the whole Jervis Bay region.
Wreck Bay culture and history did not develop in isolation from the rest of Australia and it has many features in common with other Aboriginal cultures, such as a shared belief system that emphasises family relationships and connections with the land.
Anthropologist Debbie Bird Rose describes the relationship between Aboriginal people and their country as being:
Intense, intimate, full of responsibilities and when all is well, friendly. It is a kinship Relationship, and like relations among kin, there are obligations of nurturance. People and country take care of each other (Rose 1996:49).
These shared beliefs are reflected in creation stories such as Biame, which are familiar to all Aboriginal Australians of south-eastern Australia.
PFAS contamination in Jervis Bay
1.12Defence identified Jervis Bay as a significant site of historical use of per- and poly-fluoroalkyl substances (PFAS)-containing firefighting foams and commenced a detailed site investigation at HMAS Creswell and Jervis Bay Range Facility (JBRF) in March 2017. The investigation aimed to determine the extent of the impact of PFAS contamination, and the potential risks to the community. PFAS foams were used at JBRF and HMAS Creswell in fire-fighting training and operations prior to the foams being phased out of routine use.Investigations found high levels of PFAS in surface and groundwater and PFAS contamination in soil, plants and animals.
1.13In December 2019, Defence completed its initial investigation and commenced planning for remediation works. Defence has recognised that the PFAS contamination from the JBRF and HMAS Creswell is a significant issue for the Jervis Bay and Wreck Bay communities. The investigation found that PFAS is mostly concentrated in the soil and water in areas where firefighting foams were previously used, stored or disposed—known as 'source areas'. However, because PFAS moves in surface water flowing through drains and creeks, or groundwater that flows underground through soil and rock, it was also found outside of the source areas, including at a number of sites in Wreck Bay.
1.14The JBRF is situated on a flat-topped hill and is surrounded by several creeks. Investigations found that water draining north flows into either the Flat Rock Creek catchment, or Captains Lagoon catchment. Water draining south mostly flows into the Mary Creek catchment, with some also flowing into the Summercloud Creek catchment. These catchments and creeks are on Aboriginal land at Wreck Bay and lead to the two coves that incorporate the Aboriginal community's beaches.
1.15The discovery of PFAS at Wreck Bay led to significant changes in how the community was able to use and connect with its land (outlined below and discussed further in Chapter 6 of this report). A class action was launched by WBACC against the Commonwealth for cultural loss in 2021.On 19 June 2023, the Federal Court of Australia approved a $22million dollar settlement of the Jervis Bay PFAS Contamination Class Action. On 8 September 2023, the Court approved the Settlement Distribution Scheme, which determined how compensation is distributed to members of the class action.
1.16The class action and the administration of the class action settlement have now concluded, but the issue of PFAS contamination remains a significant concern for the community, particularly as the class action was limited to cultural loss and did not address any of the health challenges experienced in the community. During its visit, and at the public hearing, the committee heard that many community members were unsatisfied with the settlement amount, which raises questions for them around how much their culture is worth. The distribution of the settlement has also created tensions in the community, with some members receivinglarger settlement amounts than others and some receiving none at all.
The committee's visit
1.17The committee's visit was facilitated by WBACC, which is chaired by Annette Brown. Beverly Ardler is the Deputy Chair, and the Chief Executive Officer is Tamara Mitchell. Community Liaison Officer, Joanna Ardler also assisted with arranging the visit. The committee thanks the Board for supporting the visit, and Tamara and Joanna for making the arrangements.
Welcome to Country
1.18As part of its visit, the committee received a Welcome to Country and Smoking Ceremony, provided by Matt Simms, a Wandi Wandian man who belongs to the Dhurga Language group from the Yuin Nation.
Figure 2.3Matt Simms—smoking ceremony
Source: Chair's photograph.
Figure 2.4Smoking ceremony
Source: Chair's photograph.
1.19Matt Simms explained that he welcomed the committee to Wreck Bay as family. He invited committee members and staff to walk through the smoke in order to be properly welcomed to Country. Matt explained that the smoke reminds him that he is connected to his mother and the land, who is also his mother. He encouraged committee members to let the smoke soothe them and take away their worries and burdens.
1.20The committee thanked Matt Simms, and Djiriba Waagura, for providing a warm and informative welcome.
Tour of PFAS-affected locations
1.21Wreck Bay people have been caring for their lands and waters for thousands of years and continue to do so, despite the impacts of PFAS contamination. The committee was met by representatives of the Bherwerre Rangers. The Ranger program was established in July 2020 and works to 'develop and implement management plans and programs to educate the wider community' about the history of Wreck Bay people's culture in the region. The Rangers implement invasive species management, fire control, maintain tracks and signage, and work with children from local schools, in collaboration with Booderee National Park, providing 'walks on country and dreamtime story talks and artworks'. The committee was inspired to hear about the work of the Ranger team who are dedicated, highly skilled, and knowledgeable in caring for their Country.
1.22A group of Rangers, led by Senior Ranger Rachelle McLeod, took the committee on a tour of significant locations impacted by PFAS contamination.
Royal Australian Navy School of Survivability and Ship Safety
1.23The tour started at the gates to the Royal Australian Navy School of Survivability and Ship Safety (RAN SSSS), which Rachelle described as 'ground zero' for the PFAS contamination impacting Wreck Bay.
1.24The RAN SSSS provides training to equip sea-going personnel with combat survivability skills, including firefighting skills. According to GHD—Defence's lead consultant for the testing and remediation program—firefighting activities undertaken in the 1960s and 1970s 'were conducted at unsealed areas', with training fires 'established in open pits or within shallow metal trays'. At the RAN SSSS, training fire pits were constructed on concrete slabs and run-off of fuels and firefighting foam 'was uncontrolled'. Fire training practices and infrastructure were upgraded in 1994–95 and again in 2009–10. However, Defence did not begin phasing out the use of PFAS-containing foams until 2004.
1.25GHD describes the RAN SSSS as 'the most significant source area identified in [the detailed site investigation of the JBRF]', saying 'PFAS was observed in soil, concrete, groundwater, sediment and surface water associated with this area'. Further, that the 'majority of surface water that flows to the south from JBRF is expected to form the headwaters of Mary Creek, which flow south into Mary Bay and Wreck Bay'.
1.26The Rangers explained that Mary Creek, Mary Bay and Wreck Bay continue to be affected by run-off from the RAN SSSS, especially when it rains. Discussing historical fire training practices, Rachelle told the committee that her father had been employed at that location in a role that exposed him to PFAS, and that he had died prematurely at the age of 42.
Mary Creek
1.27The next location in the tour was Mary Creek. Like a number of areas surrounding Wreck Bay Village, Mary Creek holds cultural and spiritual significance for Wreck Bay people. Parks Australia reports that:
More than 100 ancient Aboriginal sites have been recorded on the Bherwerre Peninsula, some probably dating back to the stabilisation of the sea level about 6000 years ago. Most sites are shell middens, but there are also rock shelters, burial sites, ceremonial grounds, stone-flaking sites and axe-sharpening grooves.
The distribution of these recorded sites emphasises the importance of the eastern end of Wreck Bay. The high density of midden sites on the Bherwerre Peninsula mirrors the preferred fishing zones of the present community.
Ceremonial bunan or bora grounds are known only from the immediate hinterland of this section of Wreck Bay, and nearly all known axe grinding groove sites are in the catchments of Mary and Summercloud bays.
Figure 2.5Senior Ranger Rachelle McLeod at Mary Creek
Source: Chair's photograph.
1.28The committee was privileged to be shown an axe-grinding groove site in Mary Creek which is thousands of years old and holds particular cultural and historical significance to the people of Wreck Bay.
1.29The committee heard that local people and their children have always swum in the waters of Mary Creek, played in the rock pools, collected bush tucker in the area, and eaten yabbies from the creek. Senior Ranger Rachelle McLeod told the committee that, when she was a child, the area was their 'playground'—it was 'pristine', but they did not know about the contamination they were eating and drinking.
1.30In October 2016, based on initial testing undertaken by the ACT Government, the ACT Chief Health Officer recommended that WBACC close Mary Creek to human use. Mary Creek has remained closed ever since. Defence's formal investigation process began in 2017. Now in 2025, signage at Mary Creek still advises that the area is being 'tested' for PFAS, and does not confirm its presence. The sign (pictured below) includes graphics suggesting that swimming, drinking the water and collecting and eating seafood are prohibited.
Figure 2.6Signage at Mary Creek
Source: Chair's photograph.
The signage was provided by the Department of Infrastructure.
1.31As part of its investigation, Defence's contractor, GHD, spoke with local people and conducted a survey to determine how they will use the land, with the aim of assessing possible exposure pathways. GHD's investigation confirmed the importance of bush foods as both medicinal and food sources for the community, noting that community members traditionally collected berries, leaves, tubers, flowers, seeds, nectars and roots. Members of the Wreck Bay community also traditionally ate animals such as kangaroos, possums and echidnas, and foraged for crustaceans such as oysters, muttonfish, conches, pipis and mussels, collected at low tide. Yabbies from the creek were a common source of food, as was fishing. Residents of Wreck Bay caught mullet, whiting, bream, salmon and tailor using net-fishing methods and this formed a significant proportion of some people's diets.
1.32Information collected from community members about their cultural practices contributed to the formulation of Defence's human health risk assessment, and the advice provided to the community, summarised in Defence's Human Health Risk Assessment factsheet. The advice relating to Mary Creek is reproduced below:
Figure 2.7Exposure-Risk Scenarios for Adults
Source: Department of Defence, Human Health Risk Assessment Findings–fact sheet, 2018.
Figure 2.8Exposure-Risk Scenarios for Children
Source: Department of Defence, Human Health Risk Assessment Findings–fact sheet, 2018.
1.33Because PFAS persist in the environment for an unknown amount of time (potentially thousands of years), the Rangers explained that it is likely that young people from the community will never have an opportunity to engage in these traditional practices or experience the lifestyle valued by their parents and grandparents, impacting their ability to pass down cultural knowledge and practices.
1.34At Mary Creek, the committee was also told about traditional birthing practices involving the water from the creek. While the majority of women no longer practice traditional birth, the committee was told that contamination of Mary Creek means this practice is almost certainly lost forever.
1.35The community has worked with the National Archives and Australian Institute of Aboriginal and Torres Strait Islander Studies to ensure the community has access to oral histories, photographs, and records of these cultural practices. WBACC has developed a Cultural Heritage Strategy and Cultural Heritage Action Framework, and Rangers conduct education sessions for local children to raise awareness of the dangers of PFAS and to teach local children about their history.
1.36As part of this education, children are told not to drink the water, eat crustaceans or bush food, or swim in Mary Creek. Community members described feeling a sense of 'tragedy' that the people cannot practice their culture and today's young people will never have those experiences.
Beach at Mary Bay
1.37The committee was invited to walk down a steep hill to the beach at Mary Bay. This beautiful white sand beach is only accessed by the Wreck Bay Aboriginal Community and is not open to the public. Rangers explained that the Bay was once an important site for swimming, gathering food and feasting.
1.38On the beach committee members could see the site where Mary Creek drains into the bay. Signage for the creek at this location was the same as the signage observed at Mary Creek. However, no such signage has been placed on Mary Bay Beach itself, and it is unclear to the committee whether the ocean water is regularly tested for PFAS contamination originating from the creek.
Figure 2.9Signage at the Bay
Source: Chair's photograph.
1.39The beach and surrounding coastline at Mary Bay contain highly significant middens which provide insight into traditional culinary and cooking practices, information about past flora and fauna, and evidence of patterns of settlement and culture. The committee heard that all coastal erosion is exposing previously unseen artefacts, including the bones of a whale and an ancient dingo and a baby.
Figure 2.10Middens on the shoreline
Source: Chair's photograph.
1.40Rangers told the committee that the community is now advised not to swim at the Bay, not to eat abalone, and to limit the consumption of fish from the area. Fish and seafood are a significant food source for many members of the community, and the committee was told that some community members continue to fish and swim and consume the seafood at Mary Bay.
1.41Some Wreck Bay families also made their living selling seafood from the Bay. The committee was told that the last fishing family at Wreck Bay, the Ardler family, ceased operations a number of years ago as a result of the health advice provided by Defence.
1.42On the beach, committee members observed a large python struggling in water. The python was covered in parasites and appeared to be dying. Rangers reported their concerns about the impacts of PFAS contamination on the plants and animals of Wreck Bay. These impacts have been researched and documented in GHD's Ecological Risk Assessment, published December 2020.
Barbecue and sit down
1.43Following the tour, committee members attended a barbecue where they met with a number of community members, including Elders. Committee members then sat down with community members to hear their concerns.
Figure 2.11Senators at the visit
Source: Chair's photograph. From left to right: unnamed Ranger, Senator Whish-Wilson, Senator Thorpe, Senator Davey, Senator Ghosh and Ranger, Senior Ranger Rachelle McLeod.
1.44After being welcomed by community leaders, Senator Thorpe gave a short speech introducing the committee and explaining the purpose of the committee's inquiry. The Chair thanked WBACC, the community, and the Bherwerre Rangers for the warm welcome and informative tour on Country. Senator Thorpe encouraged community members to attend the committee's public hearing, taking place in the nearby town of Nowra the following day, and provided information about giving evidence to Senate committees.
Figure 2.12Chair speaking with community members
Source: Chair's photograph.
1.45The Chair then introduced her fellow committee members. Senator Ghosh spoke, thanking the community and the Rangers. Senator Ghosh stated that it was an honour for the committee to have been taken out on Country and shown a number of culturally significant sites. Senator Davey echoed the gratitude of other committee members and spoke about the benefits of working together to address the very real concerns of community members. Senator Whish-Wilson described the tour as enlightening and special. Encouraging community members to give evidence at the hearing, Senator Whish-Wilson said that testimony from community members is powerful and has the capacity to help other people.
Figure 2.13Deputy Chair speaking
Source: Chair's photograph.
1.46Committee members explained the role and functions of a Senate committee along with the limitations. Community members heard that the committee will collect evidence, reflect that evidence in its report, and make recommendations to the Government. It was also noted that the Government is expected to respond to the committee's report within three months, and to directly address the recommendations.
1.47A number of community members then spoke. One told the committee of her heartbreak at the loss of the carefree life she experienced as a child; and that the children of Wreck Bay will never know this freedom. A significant concern among those gathered was the uncertainty they face regarding the future. Community members told the committee, 'we want to know what's coming out of this inquiry; we want to know what will be done for the kids'.
1.48Some spoke of the confusion and difficulties encountered when trying to engage with government about the contamination. In particular, the involvement of a number of different agencies, and the inconsistency of messaging. A number of people felt that 'no one is taking responsibility' for the potential health impacts of the contamination, and that the community is not being provided with sufficient information.
1.49Community members gathered spoke about the class action and compensation for cultural loss. One community member talked about compensation amount, asking, is $22 million 'all our culture is worth'? WBACC Board members explained the limitations of Australia's legal system in relation to claiming for cultural loss and maintained that the outcome achieved was believed to be the best possible under the circumstances.
1.50Some of the participants in the discussion felt that the settlement had been agreed too quickly, limiting opportunities for the people's stories to be told. Some felt that the community was not yet healed.
1.51One community member was concerned that Commonwealth and state environmental agencies are not more actively involved in dealing with the PFAS contamination and remediation efforts.
1.52Community members spoke about the adequacy of information provided about testing and remediation. Community members reported being concerned about drinking the tap water and explained that many residents, including Elders, currently buy bottled water, at significant personal expense, or from their Aged Care packages due to concerns that the water is contaminated with PFAS.
1.53The issue of water rights was of concern to a number of people, who explained that, despite Aboriginal ownership of Wreck Bay, the community has to buy its water supplies from the NSW Government. Community members were also frustrated with the impacts of the administrative arrangements for Jarvis Bay Territory, with some suggesting that Wreck Bay is 'falling through the cracks', as it does not have access to a dedicated governmental authority. Community members felt that the unique governance arrangements in Jarvis Bay Territory can lead to a situation in which Commonwealth, state and territory authorities all refer to each other, with no one wanting to take responsibility for service provision, and addressing of concerns in the community.
1.54One community member also clarified that Wreck Bay is the only area in the whole country which does not have a Senator as a representative in the Australian Senate.
1.55There was a lack of trust in Defence and the Commonwealth among many of those gathered. Community members were concerned that the agency responsible for the contamination is also the agency responsible for resolving the problem, constituting a conflict of interest. It was also noted that Defence's remediation program only involves remediating soil and water within the boundaries of Defence land, and does not include remediation on Wreck Bay community land.
1.56Participants outlined other impacts of the contamination. One participant explained that the community is unable to undertake cultural burning because this releases PFAS into the environment, and that residents are afraid to grow vegetables in their backyards due to contamination in the soil.
1.57The committee was told that the community has lost a lot of people, who have died young, mostly from cancers. It was felt that the PFAS contamination is breaking the people's connection to their culture and the continuity of connection to the land. This is a challenge the community is actively working to address every day.
1.58A number of community members advocated for an independent authority to manage the contamination and remediation, and encouraged the committee to make recommendations that would improve the way in which PFAS contamination in Wreck Bay is addressed. Community members highlighted the need for greater involvement of Wreck Bay people in making decisions that affect them, their children, and their land and waters.
Public hearing
1.59The following day the committee held a public hearing in Nowra to provide an opportunity for community members, and other witnesses, to give evidence in a more formal setting. Community members were invited to come along and speak with the committee as part of a community session in the morning. Thirteen community members gave evidence at the hearing, and many others gathered as observers of the hearing or to ask questions during the community roundtable.
Figure 2.14Public hearing in Nowra
Source: Chair's photograph.
1.60Committee members appreciate that speaking about these issues is difficult. The committee is grateful for the courage and generosity of individuals who provided evidence to inform the committee and assist it in conducting its inquiry.
1.61Evidence from the public hearing is presented throughout this report.