Protest to go ahead, despite EPA toxic soil backflip — Opposition wants independent investigation
By Gabrielle Hodson - December 8, 2020
Moorabool Online
Plans to dump PFAS-contaminated soil have been banged on the head – and now protestors want to make sure there’s another nail in the coffin.
A protest planned for 8.20am on the steps of State Parliament tomorrow (Wednesday) will still go ahead, despite admissions by the Environment Protection Authority that it was ‘ultra vires’ – or beyond their legal power – to approve plans to allow the dumping of West Gate Tunnel soil in Bacchus Marsh.
Two Supreme Court directions hearings tomorrow involving the Moorabool Environment Group and Bacchus Marsh Grammar have also been adjourned.
Moorabool Shire Council voted on December 2 to launch legal action, but the Supreme Court said no proceedings had been filed to date.
Moorabool Environment Group President Jodie Valpied said they were “very pleased” with the news and were discussing the next step with their legal team.
“(We) received a letter from the EPA conceding that its decision to approve Maddingley Brown Coal’s environment management plan to receive contaminated spoil from the West Gate Tunnel Project was unlawful,” she said.
“The EPA will agree to orders for its decision to be quashed or set aside by the Supreme Court.
“This means that MBC will no longer have approval to construct its holdings bays and develop its site for receive the contaminated soil.”
Dr Valpied said she wanted to thank MEG’s pro-bono legal team including barristers Phil Cadman and Marissa Chorn, and solicitor Donna Abu-Elias of Spectrum Lawyers and Consultants.
MEG was also grateful for the work of the Bacchus Marsh Community Coalition and the greater community.
“The Minister for Planning’s decision to allow the contaminated spoil to be received at the Bacchus Marsh site was substantially based on the approval decision of the EPA,” Dr Valpied said.
“The Minister brushed off human health and environmental concerns by referring to the approval decision of the EPA.
“Now that the EPA’s approval no longer stands, we call upon the Minister for Planning to immediately withdraw his intervention and amendment of the Moorabool Planning Scheme.”
Planning Minister Richard Wynne approved the amended planning scheme in late November, which gave Maddingley Brown Coal the nod to receive, categorise and store the contaminated soil.
Tomorrow’s protest will happen as MPs enter State Parliament and ahead of a 10am vote to ‘disallow’ the planning scheme amendment in the Upper House.
“Although this is a legal win, we continue to emphasise that the Bacchus Marsh site is a completely unsuitable site for the contaminated spoil, “ Dr Valpied said.
“The site has all risk factors for where PFAS-contaminated spoil should not be processed or stored, including immediate proximity to a waterway, endangered species, residences, schools and a major food bowl of Victoria.
“We will continue to fight any attempt to bring the contaminated soil into Bacchus Marsh.”
Shadow Minister for Environment and Climate Change, Bridget Vallence said this week’s development showed the push to get rid of the contaminated soil was a “rush job” and an embarrassment for the Andrews Government.
She also called for an independent investigation into how the State Government and EPA “could get this so wrong”.
“The environmental regulator has been forced to revoke approvals issued to allow millions of tonnes of PFAS-contamined toxic soil to be dumped at the Maddingley coal site – on the doorstep of Bacchus Marsh homes and a large school,” she said.
“Labor and the EPA have been caught out trying to rush through dodgy permit applications without sufficient information or due diligence.
“It’s extraordinary that with millions of tonnes of toxic tunnel soil about to be dumped on rural communities in Bacchus Marsh, that we now discover that Labor and the EPA issued permits without relevant authority.
“Labor sneakily rushed changes through Parliament earlier this year, avoiding community consultation, to allow the EPA to approve environmental plans to allow construction companies to dump PFAS soil and exempt them from any landfill levy charges, costing taxpayers millions of dollars.
“Daniel Andrews and Labor have been caught out putting the interests of foreign-owned construction companies ahead of local environmental protections and the safety and wellbeing of the community.
“How could the EPA issue a permit to dump millions of tonnes of toxic soil, when it has itself admitted it did not have the power to give the approval?”
Shadow Minister for Transport Infrastructure, David Davis said the EPA admission was “the latest in this tragic circus with local communities the losers.”
“The EPA regulations were clearly flawed and the hasty approvals a case study in shambolic process driven through overt political interference by Labor ministers beholden to Transurban,” he said.
“Labor’s watered down environmental standards are unacceptable.”
Western Victoria Upper House Liberal MP Bev McArthur said locals had been left out of the decision-making process:
“Labor has treated the people of Bacchus Marsh with nothing but disdain and utter disrespect through this whole process.
“Daniel Andrews must stop treating Bacchus Marsh as a dumping ground for his toxic soil.”
Melton State Labor MP Steve McGhie and Buninyong State Labor MP Michaela Settle have been contacted for comment.