By Oliver Lees
The Sunbury and Bulla communities’ calls to probe the decision to allow toxic soil to be stored in Bulla have been answered, with the Victorian ombudsman announcing a formal investigation last week.
The EPA last year approved environment management plans for sites in Bacchus Marsh, Ravenhall and Bulla to receive the spoil generated from tunnel boring machines, but revoked the decisions in December following Supreme Court challenges from community groups fighting the proposals.
New environment management plans for all three sites were approved earlier this year before the project’s builder John Holland CPB Joint Venture chose the Hi-Quality Quarry site in Bulla in June to receive the spoil.
Victorian ombudsman Deborah Glass said the investigation will consider the legitimacy of the EPA’s approval of the environment management plans.
“I am concerned without the actions of the community groups, the deficiencies in the EPA’s decisions may not have been identified,” Ms Glass said.
“The community deserves to know if correct processes were followed when it came to deciding where tonnes of spoil could be disposed of, especially given the proximity to homes.
“I am aware of the strength of some community feeling in this matter and it is important I make clear that this investigation cannot stop the construction of the West Gate Tunnel. Nor can the ombudsman make binding orders about where the spoil should go.”
Sunbury Against Toxic Soil Facebook group administrator Chris O’Neill told Star Weekly the ombudsman had requested he provide a submission to assist the investigation.
“The community has been writing to the ombudsman for 18 months without reply, and finally they got their reply,” Mr O’Neill said.
“We have always thought that the EPA made this decision without the community in mind, so we hope that comes to light through this process.”
Although the ombudsman does not have the power to overturn the decision, Mr O’Neill said he hopes recommendations made by the ombudsman will open further legal avenues to challenge the decision.
EPA chief executive Lee Miezis said the EPA will co-operate with the investigation.
A Hi-Quality Group spokesperson said the investigation would not impact construction of the soil processing facility, which is expected to be ready to receive material in early 2022.
“Protection of environmental and human health underpins all we do, and our environmental management plan submitted to EPA Victoria was prepared to uphold the highest standards in these areas,” the company said.
