Toxic waste VCAT vote

By Shaun Inguanzo
GREATER Dandenong council will take action against the operator of Lyndhurst Landfill to determine if the company is illegally dumping hazardous waste.
Attention has also turned to selecting an alternative hazardous waste dumping site, which council believes will be required if Lyndhurst’s operations are found to be illegal, and are subsequently shut down.
Council this week voted unanimously to take Lyndhurst Landfill operator SITA to the Victorian Civil and Administrative Tribunal (VCAT) in the wake of an independent legal opinion that it sought from Mark Dreyfus QC.
Mr Dreyfus last week released his opinion that SITA was in breach of its 1990 and 1992 Shire of Cranbourne planning permits, which prohibited it from dumping hazardous material at Lyndhurst.
SITA state general manager Daniel Fyfe told Star last week that the definition of ‘hazardous waste’ was the subject of ongoing debate, but that it had been operating within the means of its EPA licence and council permits.
Greater Dandenong chief executive officer Carl Wulff dismissed this week’s calls by councillor Naim Melhem to shut down the tip immediately, claiming that until proven otherwise, SITA was operating accordingly with its permit and EPA licence.
But councillor Paul Donovan said any ‘commonsense’ person would realise the materials being dumped were hazardous, and he said there was no time like now for those in opposition to the dumping to make their move.
Residents Against Toxic Waste in the South East (RATWISE) has been fighting the landfill site for 14 years under the belief that hazardous waste is being dumped there.
Spokesman Stuart Marriner said he expected the ordeal to last for another three or four months.
Council this week amended its recommendation to ensure RATWISE was given the opportunity to present an argument at the VCAT hearing.
But Cr Peter Brown this week warned that RATWISE and its supporters faced a challenging road ahead if an alternative hazardous waste site could not be found.
He said State Government plans to construct a hazardous waste tip in the Mallee had resulted in strong opposition, and that not many suburbs or existing landfills were prepared to receive hazardous waste.
Cr Brown said the planning minister could overturn the decision if Lyndhurst was the only immediate option, and amend SITA’s permit to allow for hazardous waste dumping.