Moorabool councillors have voted to launch legal action over changes to a Planning Scheme that effectively helps pave the way for PFAS-contaminated West Gate Tunnel soil to be dumped in Bacchus Marsh.
It will be the third local organization to take legal action, after Bacchus Marsh Grammar and the Moorabool Environment Group last month.
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The issue was raised as urgent business during the first ordinary meeting after the 2020 Local Government elections.
Former Mayor David Edwards put forward the motion and it was seconded by fellow East ward councillor Tonia Dudzik.
It comes after Moorabool was advised on November 23 that Planning Minister Richard Wynne had approved a spoil processing facility on land close to a former coal mine on the southern outskirts of Bacchus Marsh.
“This decision means the State Government has given the green light without further approval or council or community input for Maddingley Brown Coal to sort and store spoil – subject to Upper House approval of the Planning Scheme Amendment,” Cr Edwards said.
“If the decision is approved in the Upper House, Council has a limited window of opportunity to challenge the decision of the Planning Minister to access the applications and make a decision… in the Supreme Court.
“It is therefore considered appropriate to mandate the Chief Executive Officer (Derek Madden) to engage our legal team… to challenge the decision by the Minister.”
Cr Tonia Dudzik said she also supported taking the matter before the courts.
“There has been inadequate consultation and information [provided to Council and to residents,” she said.
“Taking legal action is the right thing to do.’
Cr Moira Berry left the room during the debate due to a conflict of interest. She is a board member at Bacchus Marsh Grammar – one of Victoria’s biggest schools – which is less than 400m from the proposed dumping site.
Bacchus Marsh grows 83% of Victoria’s cauliflower, 53% of its broccoli and 34% of its lettuce. Toxic chemicals…
Posted by Bacchus Marsh says NO to Toxic Waste on Tuesday, December 1, 2020
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Main image: Map from the Moorabool Planning Scheme Amendment