Questions are being raised as to the legality of the siting, number and type of pollutants being tested in the Upper Hunter's Air Quality Monitoring Network.
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With the region reporting a record number of air quality alerts during 2019 - three times higher than the previous highest number and edging over a 1000 for the year the debate on air quality remains fierce.
Environment Justice Australia (EJA), principal lawyer Nick Witherow said the current 14 monitors in the Upper Hunter and their reporting does not comply with the National Environment Protection (Ambient Air Quality) Measure (NEPM) legislation.
Having been engaged by the Hunter Environment Lobby to investigate this issue Mr Witherow said NSW appears to have classified the Upper Hunter as two sub-regions, thereby avoiding monitoring and reporting exceedances of air quality standards to the National Environmental Council.
The legislation requires regions with a population above 25,000 to report air quality monitoring results.
However, by splitting the Upper Hunter that figure is not achieved.
The region as a whole has a population in excess of 33,000 and therefore should under the legislation be required to report on its air quality.
A response has been sought from the NSW Minister for Environment Matt Kean.
Mr Witherow said the Department denies having made any such decision, but do not otherwise engage with issue of the requirement to properly monitor the Upper Hunter.
"We consider the decision (which apparently wasn't made) to divide the Upper Hunter into two regions is indefensible. Accordingly it is our client's position that the Upper Hunter should be monitored according law" he said.
Mr Witherow also raised concerns regarding the siting of the existing monitors and the fact only three record the finer PM2.5 particles and the fact many pollutants are not actually measured as required by the legislation.
Louise Nichols
From cattle to coal. Once a specialist agriculture writer today its about community, in particular, the Upper Hunter. I have lived and worked in the region for more than 30 years. Land use issues and the future direction of our region. But you cannot take ag out of the picture - our food and how we grow it is the basis of all life. Covering the Hunter and Mid North Coast rural issues is now part of my role with ACM.
From cattle to coal. Once a specialist agriculture writer today its about community, in particular, the Upper Hunter. I have lived and worked in the region for more than 30 years. Land use issues and the future direction of our region. But you cannot take ag out of the picture - our food and how we grow it is the basis of all life. Covering the Hunter and Mid North Coast rural issues is now part of my role with ACM.
