By Michaela Meade
Melton and Moorabool councils’ court proceedings brought against Planning Minister Richard Wynne over proposals to dump toxic soil within their municipalities have been dismissed.
The councils launched legal action late last year after Mr Wynne approved the use and development of the Melbourne Regional Landfill at Ravenhall and Maddingley Brown Coal near Bacchus Marsh for the storage of toxic spoil from the West Gate Tunnel Project.
Mr Wynne also approved the use of Hi-Quality’s site in Bulla. That site was chosen to receive the soil earlier this year.
Melton and Moorabool councils argued that Mr Wynne’s decisions were made by error of the law, citing the EPA’s decision late last year to revoke environment management plans for the sites. The plans were eventually approved earlier this year.
Mr Wynne had made decisions to amend planning schemes of both councils, to allow for the spoil management at either proposed site.
Supreme Court of Victoria Justice Melinda Richards said in her judgment that Mr Wynne’s decisions were not affected by jurisdictional error, or by error of law, and that his amendments to planning schemes of both councils were “valid”.
“The minister’s reference to the EPA’s approval of the EMP under the Spoil Management Regulations was, at its highest, a finding of fact that was open on the material before him,” Justice Richars said.
“While the minister was mistaken, because the approval was not valid, his mistake did not involve an error of law.”
Justice Richards said both proceedings “must be dismissed”.
Melton mayor Kathy Majdlik said the council believed they had a strong case.
“Ravenhall was never an appropriate location to dump toxic soil, nor is any area where families live and work,” Cr Majdlik said.
“While we are relieved that Melbourne Regional Landfill was not selected as the preferred site by Transurban, we acknowledge this has been an extremely important issue for all communities and councils involved, and dumping contaminated soil close to where people live and work should never be an option under any circumstance.
“Council’s priority is always to ensure that we strongly advocate for the best outcome for our community.”
Moorabool council was also approached for comment on the decision.
