Wave energy company Oceanlinx is being taken to court by the NSW government over its failure to remove the decommissioned wave generator off the coast at Port Kembla.
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A Roads and Maritime Services (RMS) spokeswoman said the agency would be pursuing Oceanlinx in court over its broken promises to remove it.
The "Mark 1" wave generator was installed by Sydney-based Oceanlinx in 2006, in the waters about 100 metres offshore from the Port Kembla coal loader - at the popular surf spot known as Oilies.
The exercise was to investigate whether the Port Kembla waters had enough energy to transfer their waves into power.
The company decommissioned the plant in 2009, opting to focus on the Southern Ocean.
And it still sits there today, despite repeated promises from various people - including Oceanlinx chief executive Ali Baghaei - that it would be removed.
The RMS spokeswoman said the agency was the owner "of the bed of Port Kembla harbour".
She said Oceanlinx had a licence agreement with the RMS to anchor the wave generator at the Port Kembla location.
"RMS terminated its licence agreement with Oceanlinx in February last year for the positioning of a wave energy conversion device on the northern breakwater of Port Kembla," the spokeswoman said.
Since then, the RMS had written to Oceanlinx requesting the device's removal.
"The company indicated it would remove the device but this has not happened," the spokeswoman said.
"RMS is now starting legal proceedings to ensure that it is removed within an agreed time frame."
Mr Baghaei did not respond to the Mercury's request for an interview.
BROKEN PROMISES
Officials from Oceanlinx have told the Mercury on at least three occasions that they would remove the wave generator.
• May 2011: ‘‘I know it’s high on our priority list.’’ - Oceanlinx chief technology officer Tom Denniss.
• December 2011: ‘‘The operation to dismantle our Mk1 wave energy device has begun and good progress is being made.’’ - Oceanlinx’s Dr Denniss.
• July 2012: ‘‘I will push and push and push – I will make sure they [the subcontractors] do everything they can, to the best of their ability, and as safely and as soon as possible.’’ - Oceanlinx boss Ali Baghaei.
