DUMP FIGHT TWIST
City Hall considers Supreme Court action against Lara tip
THE Geelong council is considering taking legal action in the Supreme Court as it fights to reduce the safety risk of a waste tip in Lara.
The council lost a bid to cancel the permit of C & D Recycling at the Victorian Civil and Administrative Tribunal in late May.
Describing the site as a “ticking time bomb”, Cr Anthony Aitken said the council was reviewing the ruling to see if it could launch a challenge.
“It is probably the most high-risk fire site we have in the City of Greater Geelong,” Cr Aitken said. “We are investigating whether we can appeal the VCAT decision.
“I am not confident with the track record of that site, that they will adhere to any requirements imposed.”
The Environment Protection Authority is also reviewing its options, as it seeks to avert a potential fire on the site the CFA has deemed would have “catastrophic” consequences.
“EPA is considering all options legally available and is working with our regulatory partners to ensure the risks at this site are managed,” a spokesman said.
C & D Recycling has been ordered to stop taking waste, with an estimated 350,000 cubic metres of material languishing on the site.
VCAT found there was no clear plan to reduce the stockpiles — some over the allowable height at 12.6m — and the company failed to meet almost half of its 37 conditions.
But deputy president Mark Dwyer said C & D Recycling was incapable of meeting the cost of cleaning up the land, which was estimated at $99 million.
It maintained the permit but issued several new orders that the company and land owner, The Australian Sawmilling Company (TASCO), must meet as it works towards a solution.
C & D Recycling director David McAuliffe said last week he was pinning his hopes on a European consortium’s gasification plant.
While the initiative would require tens of millions of dollars, Mr McAuliffe believes he could secure the necessary funding to operate it from the Broderick Rd, Lara, site.
He said the EPA was involved in a “compliance/ validation process” with the proponents.
“They have the technology based here in Melbourne, running a pilot for the EPA,” Mr McAuliffe said.
However, the EPA did not confirm the partnership.
“EPA has yet to receive an application for a proposal of this type,” a spokesman said.
TASCO has been in negotiations to try to find another operator for the site.
It believes it can limit the site’s costs to $45 million, which might be further reduced through subsidised disposal options or a sale of the business.