VCAT dismisses Barro application

(EPA)

Sibanengi Dube

The Victorian Civil Administrative Tribunal (VCAT) has dismissed Barro Group’s application for a stay of the notice of revocation of its licence to operate the Sunshine Landfill.

In a judgement made last week, VCAT refused to uphold the application and postponed the case to May 26.

This followed Barro Group petitioning of the tribunal in mid-March to wave suspension of its licence cancellation until criminal charges against its three directors were finalised.

“The application for a stay of the operation of the notice of revocation of licence number 000080195 is refused,” reads part of the judgement in an ongoing case between Barro Group and Environment Protection Authority (EPA).

The tribunal also refused permission to restrict access to the proceeding file as sought by Barro Group. The tribunal did not give reasons for turning down both requests.

Barro Group also cried foul in papers lodged with the tribunal over the blistering publicity which the case was attracting.

The company’s landfill in Kealba has been has had underground fires burning for the past three years causing adverse effects on nearby residents.

“The EPA is concerned with the applicant’s lack of urgency in respect of remediation of the site. Between November 1, 2019 and September 30, 2022, it received 1655 health and/or odour reports, with 679 of these reports between the relevant dates for the revocation,” reads part of EPA’s case.

“The reports include the following adverse effects of pollution: such as odour and smoke. The harm caused by this pollution includes: coughing, choking, bronchitis, breathing issues, nausea, vomiting, asthma, sleeplessness, insomnia, chest tightness and soreness.”