Planning: Devilbend landfill
07-May-2010
I wish to raise a matter for the Minister for Planning. The action I seek is for the minister to review the extension of the Devilbend landfill at 435 Balnarring Road, Tuerong, and in particular the circumstances of the works approval provided by the EPA (Environment Protection Authority), and respond to me with his findings.
I am informed that Grosvenor Lodge has applied for a permit to extend the extractive licence area of the Devilbend landfill in Tuerong and create a landfill that will have a lifespan of approximately 21 years. This proposal was rejected by Mornington Peninsula Shire Council on 19 April for a number of reasons.
I am told these include: that the proposal did not comply with the environmental objectives of schedule 3 to the environmental significance overlay, which was made with specific reference to the protection of the local rural amenity and the conservation of native flora and fauna; that the proposal did not comply with the environmental objectives of schedule 28 of the environmental significance overlay, which pertains to the ecological and biodiversity processes of the site; that the applicant cannot provide assurances that a loss of amenity will not be suffered as a result of noise emissions; that the application has not made provision for adequate buffer zones with regard to air emissions; that the application has not made provision for adequate buffer zones with regard to waterways; that the application does not provide screening from surrounding properties; and that the application has not demonstrated that the rural amenity of the surrounding area will not be lost as a result of these noise emissions.
The area that has been earmarked for this expansion is located in a green wedge area that is also surrounded by many tourist venues, including equine studs, bed-and-breakfasts and wineries. There is understandable concern amongst the local community that the progression of this development would be grossly inappropriate for the local area and cause an unknown amount of damage.
I am told questions have also been raised about the operator of this landfill and its compliance with environmental management standards in the past. I am also informed that it has been the subject of an EPA investigation for numerous matters including: the discharge of contaminated leachate into the nearby creek, working outside defined permit hours, exceeding specified noise limits as determined by results from monitoring conducted at neighbouring properties, and overfilling of the landfill.
Alleged breaches such as those I have just described arguably provide grounds for further investigation into the suitability of this proposed development and the capacity of the operator to undertake it in a safe and appropriate matter. I am informed that the EPA has issued a works approval for this proposal despite the fact that this matter is due for hearing at the Victorian Civil and Administrative Tribunal on 10 May 2010, which is prior to the Department of Primary Industries decision on the application to extend the extractive licence area for the landfill.
After having inspected aspects of the site I am shocked that the EPA could even consider issuing a works approval. There are concerns that this works approval will have numerous negative effects on the local area, including disturbance of the site, removal of vegetation, excavation of areas up to 50 metres below the water table, infringements on limits on height restriction and noise, reduced run-off to adjacent creeks and the compromising of buffer zones.
I urge the minister to investigate the proposal for the expansion of this landfill and ensure that the local area and the residents who populate it are not compromised by this decision. A great deal of leeway has already been given to the operator of this landfill by both the authorities and more particularly the local residents. Rather than simply blocking the business from introducing a use that is certainly in conflict with this beautiful and pristine area, local residents have endeavoured to allow the applicant business to operate.