The Department of Environment and Science has today filed a restraint order application in the Planning and Environment Court, seeking to halt odour-producing aspects of a Swanbank waste operator's activities to bring relief to the local community.
The application was filed against NuGrow Ipswich Pty Ltd who operates a composting facility in the Swanbank industrial area.
The department seeks interim orders to limit certain aspects of the operation, including receiving highly odorous waste, that have a high potential to generate odour and impact the community.
Odour issues being experienced by the Ipswich community are unacceptable.
This civil proceeding is the result of the department's enhanced compliance activities and meticulous investigation in the area, demonstrating our strong commitment to holding non-compliant operators to account.
The restraint order, if granted by the court, will carry significant penalties if not complied with.
First-hand accounts gathered from more than 70 community members detailing their experience were lodged in support of the application.
Given the complexity of proving odour offences in court, the department engaged an independent external firm to assist the department's odour investigations and their report has also been provided to the court to support the application.
The department is committed to using all available legal options to ensure operators are complying with the law, and filing a restraint order application is a significant step which aims to provide relief to Ipswich residents.
Increased compliance activity in the area will continue, as will the department's ongoing investigation into alleged breaches of the Environmental Protection Act 1994 which could lead tofurther legal proceedings against operators alleged to be non-compliant.
The department is also considering options to strengthen regulations that govern composting facilities.
As the environmental regulator, the department will continue to take strong enforcement action, including court action against any operator who is found to be wilfully and unlawfully causing an odour nuisance in the community.
