The Department of Environment, Science and Innovation will continue to pursue regulatory options to prevent odour impacts on the community from waste operators after the Planning and Environment Court today declined to make interim orders against a composter in Swanbank.
The Court dismissed the department's application for an interim restraint order to limit odour-causing activities by Swanbank waste company, NuGrow Ipswich Pty Ltd, who operate a composting facility in the area.
The department sought interim orders to limit certain aspects of the operation, including NuGrow receiving highly odorous waste, that have a high potential to generate odour and impact the community.
In a written judgement delivered today, the Court found there is little doubt that the management of NuGrow's facility presents considerable difficulties in terms of odour impacts. The level of difficulty has increased over time as residential development has moved towards the facility.
The Court also found that the witness statements provided by more than 70 community members comfortably establish the risk of environmental nuisance from a facility such as that operated by NuGrow is real and adverse, particularly for residents in Redbank Plains and Ripley, and that there is a serious question to be tried in relation to whether there will be an offence committed unless restrained. We thank the community for their important contribution to this process.
However, the Court considered that odour reduction may be able to be achieved by other means.
The Court also had regard to the significant financial impacts that the interim orders would have on NuGrow, and the question as to what will ultimately resolve the odour issues is one that the Court considered should be determined in the final orders that the department is now seeking.
The department will continue to pursue the final restraint order to have an in-vessel system constructed at the site to enclose the composting operations. That matter is now listed for a hearing commencing 20 May 2024.
Odour issues being experienced by the Ipswich community are unacceptable and despite today's decision on the interim orders, we will continue to assess all options to provide relief for the Ipswich community, as well as preparing for the final hearing in May.
