Benjamin Millar
Melton council has launched legal action in the Supreme Court against the state government’s approval of toxic West Gate Tunnel soil being dumped in Ravenhall, the latest twist in the long-running saga.
State Planning Minister Richard Wynne late last year delivered approval for Cleanaway to receive and store contaminated soil from the $6.8 billion project at its Ravenhall tip and for Maddingley Brown Coal to take the soil in Bacchus Marsh.
But Melton council’s chief executive last week instructed lawyers to challenge the planning minister’s green light for the soil to be processed in the area.
The decision comes hot on the heels of the Moorabool Environment Group (MEG) launching its own legal proceedings in the Supreme Court against the minister’s approval for Bacchus Marsh.
Melton council legal and governance manager Christine Denyer told last week’s council meeting that council resolved last November to seek legal advice on the planning minister’s decision.
“The legal advice the subject of the resolution was obtained and provided to councillors,” she said.
“Having considered the legal advice… the chief executive officer has exercised his delegation and he has given instructions to council’s external lawyers to issue proceedings on its behalf in relation to the minister’s decision to approve the planning scheme amendment.”
Ms Denyer told the meeting that the council’s Stop The Soil campaign has seen more than 2500 residents send emails expressing their concerns about the dumping to key decision makers including Mr Wynne.
She confirmed the proceeding was filed on February 4, warning the council could face a hefty cost payout if the challenge is unsuccessful.
“The legal costs of the proceeding are expected to be in the order of $70-$100,000 and there is a risk that if council is unsuccessful that the costs of the other side, which would be in the same order, would be for council to pay – and that’s the same order per defendant.”
Tunnelling on the project is yet to begin as Transurban, builder CPB John Holland and the state government tussle over who will pick up the tab for the cost blowout from the contaminated soil.
The tunnel was due to open in 2022, but Transurban last week announced the delays mean completion will occur in 2024 at the earliest.
A state government spokeswoman said it would be inappropriate to comment on matters before the court.
