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EPA ‘failing’ Brimbank

Brimbank council has slammed the Environment Protection Authority’s (EPA) request for more time while it considers reinstating Barro Group’s licence to operate at Kealba Landfill where underground fires have been burning for six years.

Brimbank mayor Thuy Dang said council is “extremely disappointed” and that the EPA “continues to fail the Brimbank community”.

“… they fail to hold duty holders to account, they fail to adequately respond to community concerns, and they fail to meet community expectations,” Cr Dang said.

“The Brimbank community has been suffering for years and has relied on the EPA to utilise their full jurisdiction to hold the Barro Group to account. The EPA has an obligation to prevent and reduce harm from waste and pollution on our environment and our community’s health.

“Given their deplorable track record, reinstating the Barro Group’s licence to operate the landfill is nothing short of rewarding bad behaviour and sets a disgraceful precedence.

“If the laws aren’t strong enough, then the Allan Government needs to strengthen them. If the EPA Act is adequate, then the EPA needs to do their duty. For the EPA to consider allowing Barro Group to recommence operating Kealba Landfill is entirely unacceptable.

“Brimbank council will not stop its advocacy for this irresponsible and dangerous operator to be held accountable.”

The EPA made the request for more time to the Victorian Civil and Administrative Tribunal (VCAT) in late October.

Barro took the EPA to VCAT to appeal the regulator’s revocation of its operating licence in 2023 for Barro’s mismanagement of the Kealba landfill.

An EPA spokesperson said a final decision on Barro’s licence status is yet to be made.

“EPA has asked VCAT for more time to make this complex decision. This has been a long running matter and we do not take these types of decisions lightly. It is a complex issue, and we are considering all options,” the spokesperson said.

“What we want to see is the remaining hotspot removed in a way that is safe for community and the workers at the site. In the meantime, the landfill will not operate whilst the hotspot is being remediated.

“At this stage, we understand the time to remediate the remaining hotspot will take over 2 years. We will continue to actively regulate the site to ensure waste is not accepted there and will closely monitor Barro’s progress in remediating the site.

“Complaints to EPA about odour from the community have reduced considerably, but we appreciate this complex legal process is frustrating for them.”

Resident Nicole Power, who has been affected by noxious odours from the underground fires for years, said she’s frustrated by the EPA’s consideration to reinstate Barro’s licence.

“Why do they need more time? They’ve had six years,” Ms Power said.

“This site’s proven to be flawed and you would even contemplate reissuing a licence? That’s just bizarre.”

As reported by Star Weekly, the EPA dropped its criminal charges against Barro in July.

At the time the EPA said the move would allow it to concentrate resources and expertise on the VCAT case.

“This is like a complete turnaround. What has changed in that amount of time and why do you need more time?” Ms Power said.

“You’re the regulatory body, you have to police that…. This is a complete failure on EPA’s part

“I honestly believe they’ve been outlawyered…I really am sceptical of the EPA at present.”

Barro declined to comment.

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