Monday 11 April 2016

MORE NOTES FROM UNDERGROUND



Should we give up the fight against the landfill?  Not yet!

York’s reaction to SAT’s decision seems rather muted, on this blog anyway.  I get the impression that most people have accepted that the landfill is a fait accompli and destined in short order to arrive on our doorstep.

If they’re right, it’s time for all of us to start looking for ways to make the best of a bad job. 

By that I mean pressing SITA to confer some social and economic benefits on York, say by offering firm employment opportunities and—if conditions attached to the SAT and DER approvals permit—reverting to its original offer, withdrawn in the Tribunal, to receive York’s waste free of charge.

Then the shire can make a start on the rubbish-led recovery advocates for the landfill have promised us.

A few stalwarts of the struggle take a contrary view.  They say we should fight on until rubbish from Perth finally begins to arrive by truck at Allawuna.

Meanwhile, word on the street is that Allawuna hasn’t yet changed hands and the deal is on hold.  More about that in a moment, but first…

One resident’s dogged campaign to stop the landfill—and be damned to SAT and DER

Some folk never give up until every prospect of success lies ruined before them, sometimes not even then.

One resident determined to fight on—under pain of piecemeal dismemberment, I’m not allowed to name her, so I’ll call her Ms X—has emailed every councillor, 145 in all, in every town along the pipeline from Mundaring to Kalgoorlie, pointing out the dangers posed to the Mundaring catchment by the presence of a landfill at Allawuna and thence to the drinking water supplied to those towns.

Those dangers were discounted by SAT on the basis of expert hydrogeological opinion.  Ms X is not alone in being more inclined than the Tribunal to be sceptical of expert opinion—especially when such opinion appears to ignore the precautionary principle alluded to by Keith Schekkerman in an article recently published on this blog.  

In simple terms, that principle would require decision-makers to take full account of risks to public health and safety, or serious environmental degradation, which might arise from a proposed government- or privately-sponsored industrial development. 

Its advocates argue that the principle should always trump the profit motive or merely political considerations when health and safety issues are at stake.

With good reason, they see the stage of human history as being littered with the corpses of unwitting victims of advice from experts who ignored the precautionary principle, and with the mutilated reputations of public figures who acted on such advice.

Its opponents, on the other hand, tend to see the principle as an irritating hindrance to economic progress.

In her email, Ms X expresses concern that as things stand ordinary people are generally no match for giant multinational corporations and have a lot less clout.   

She contrasts environmental approval of SITA’s landfill with the EPA’s repeated refusal to approve the development of a conservation zone on an adjoining farm, as proposed by the property’s owners.   

The refusal appears to have been based partly on the grounds that the proposed development might pollute local watercourses.

The intention of Ms X’s campaign is to galvanise councillors into making known to politicians of all parties their objections to the risk of pollution, by leachate from Perth’s rubbish, of watercourses feeding into Mundaring Weir, the main source of drinking water throughout the Wheatbelt.

Making their concerns known to politicians is something everyone from Mundaring to Kalgoorlie who is worried about the future purity of our water supply should consider doing. 

 And don’t forget—Premier Barnett promised us in 2013 that there would be no landfill without Cabinet approval (yes, Colin, you did).  I can’t say for certain, but I don’t think Cabinet has approved the landfill yet.

Word on the street—tell me, could this be true?

York’s rumour mill is active again.  Not long ago, I heard whispers that SITA had concluded its business with Allawuna’s owners by handing over to them an impressive sum of money.  I put this information up as a question on the blog.  As I expected, the question wasn’t answered.

Now I hear that the rumour was wrong.  Not only has the sale of Allawuna not been settled; according to the latest report, it is ‘on hold’.

Why?

Well, say my informants, SITA (or ‘Suez’ as we’re now supposed to call it) has just agreed to fork out a cool $87 million to take over Perth Waste, including that company’s giant landfill at North Bannister, 100 km southeast of Perth.


The North Bannister facility began operation just over a year ago.  It is superior to the proposed SITA landfill in several ways.  For a start, it has a projected lifespan of 80 years, double Allawuna’s, and can accommodate about three times as much rubbish.  What’s more, I’m told there are no groundwater or other environmental problems arising from use of the site, and no significant public opposition to it.

According to WME Business Environment Network, Perthwaste owns ‘two materials recycling facilities, an organics composting facility, two waste transfer stations, three depots and a landfill', as well as  ‘a fleet of 68 trucks’.  (Those operations, or the bulk of them, are located at Bibra Lake.)  It is a highly profitable business, ‘forecast to generate revenues of more than $50 million in 2016’.

My informants believe that owning the North Bannister facility may persuade SITA to withdraw from the Allawuna deal.  They say that deal is on hold while SITA awaits the approval of the Australian Competition and Consumer Commission (ACCC) for the purchase of Perthwaste. 

I’m not so sure.  The fact that SITA has acquired a giant facility in North Bannister by no means rules out the construction of a smaller one in York. 

SITA has spent a good deal of time, money and effort getting approval for the Allawuna landfill.  I imagine head office in France will expect some return on that investment, and there’s no reason to suppose that a landfill at Allawuna won’t produce a handsome profit over the years of operation.

But with any luck, I’m wrong—again—and SITA’s Allawuna project will never be more than a fading gleam in Nial Stock’s eye.

Postscript

Kay Davies has just contributed an article, ‘Losing control of our agricultural land’ to the ABC Open Site.  The article is an eloquent and convincing critique of state legislation and processes that permit town planning schemes designed to protect agriculture to be overruled in favour of giant corporations interested in landfills, mining, fracking and the like—on the basis of advice from experts who have no knowledge of agriculture or connection with the land.


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Mia responds to Roma's questions about the landfill
On 12 Apr 2016, at 6:51 pm, Roma Paton wrote:
Hon. Mia Jane Davies MLA BMM
Minister for Water; Sport and Recreation; Forestry; 
Deputy Leader of the National Party of Australia (WA)
Member for the Wheatbelt.

Dear Ms. Davies,

I have read with great interest the extract from Hansard - link below. 

I ask you, as W.A.'s Minister for Water to please stop the SITA (SUEZ) Landfill proposed for the York property known as Allawuna situated within the Mundaring Weir Catchment Zone.

I heard you interviewed on ABC Radio and I must say I was left speechless with the comments you made. How can you possibly believe this proposed Landfill is safe for the future generations of Rural W.A. residents when you know the liners are only guaranteed for 5 years and can start to break down after 10-14 years?  

I find it difficult to comprehend how, as our State’s Minister for Water, and Member for the Wheatbelt, you are prepared to trust the 'system' set in place by the multinational company to monitor the leachate.

Can you advise me what you intend doing IF the periodic testing proves the Liner has accidentally been breached and leachate has contaminated the ground water?

Can you unequivocally guarantee me in writing the Mundaring Weir Catchment water will not be contaminated?

Surely the serious health issues exposed in the Victoria Key water playground debacle is enough to ring warning bells for you. 

Page 1/Hansard

The site of the Elizabeth Quay project is one of 23 unlined former waste dumps dotted around the Swan River suspected of leaching an unknown cocktail of contaminates into the Riverpark, official documents show. Could this explain why children are getting sick?

Page 2/Hansard
Landfill liners are only guaranteed for 5 yrs by the manufacturer and start to breakdown after 10-40 yrs depending on the contents of the landfill. All liners leak and an ‘acceptable’ level is set by DER but after the liners degrade the leachate leakage rate increases significantly. Leachate is very toxic and is produced for up to 150 years.


I hope you use your Ministerial Power to stop this ludicrous idea of dumping toxic waste on a farm within the Mundaring water catchment. 

I look forward to receiving your responses to my questions.

Yours sincerely,

Roma Paton. 


From: "Davies, Mia" <Mia.Davies@mp.wa.gov.au>
Date: 13 April 2016 2:20:42 PM AWST
To: Roma Paton 
Subject: Re: Hansard/Landfill

Dear Roma

Thank you for raising your concerns in relation to the proposed SITA / SUEZ project. In relation for your request for me to stop the project - unfortunately it is not within my remit to do this either in my role as Member for Central Wheatbelt or Minister for Water. I have, throughout the process, through appropriate channels (publicly and within Government) made it known that I do not support the project - largely because of the impact of increased traffic on the road, and the fact it isn't something that was envisaged in the town's planning scheme.

At no point have I made a comment in relation to the integrity of liners or the conditions that will be applied to the project - my comments were made in the context of the assessment the Department of Water carries out and the advice it provides as part of the environmental assessment process. 

The Department of Water is a referral agency in environmental assessments - it is not a decision making agency in this process. This means its advice is taken into consideration by the Department that has final responsibility for a decision. Its core business is to assess hydrological modelling information for projects, hundreds every year, and advise of any conditions that could be considered for licenses to be provided to manage risk (if there is any). 

When interviewed, I commented that I was probably more comfortable than some members of the community in relation to the water aspects of the project because I understood the rigour applied through the Department - they are an inherently conservative decision making body and take their role in protecting our State's precious water resource very seriously.

The conditions in place to monitor the project are set by the Minister for Environment (not the project proponent) and will be monitored to ensure they are being applied - we don't allow proponents to set the terms of their license. 

I am seriously concerned that the approval of the project gives others the green light to look to the Avon Valley for future sites and as a result Paul Brown and I secured $50k of funding to support a project to identify areas where these types of projects might be better placed. This was because we have been unable to convince the Minister for Environment that a regional waste strategy is necessary and so sought to progress a potential solution via other means. 

I appreciate that you are frustrated, but as local MP I believe I've worked through the channels available to me to assist the community - and in this instance we've been unsuccessful. 

In relation to the questions you've raised about the Swan River and Elizabeth Quay I will forward your concerns to the Minister for Planning (responsible for the Metropolitan Redevelopment Authority which delivered the project) for an answer.

Yours sincerely
Mia 
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NOSTALGIA CORNER

Entrenching nepotism and patronage at the Shire of York…

Extract from minutes of the Ordinary Council Meeting, 19 February 2007.

[Members Present:  Shire President Pat Hooper; Deputy President Cr Brian Lawrance; Cr Michael Delich; Cr Trevor Randell; Cr Tony Boyle; and Cr Ashley Fisher (who came late).

Staff Present: Mr. Ray Hooper, CEO; Mr. Graham Stanley, Deputy CEO; Ms Tyhscha Woolcock, Senior Administration Officer; Mr. Peter Stevens, Health, Environmental Officer and Building; Mr. David Lawn, Planning Consultant; and Mrs Alison Emin, Executive Support Officer.]

PUBLIC QUESTION TIME

4.3 Mr David Paton

Question 1

How many of the present staff employed at the Shire of York are engaged presently in further formal study to enhance their careers and so be of benefit to Shire of York ratepayers?

Response

This question is a gross invasion of privacy of members of the York Community who happen to work for the local government rather than the school, the banks, the co-op or any other business.

Conditions of employment at the Shire of York do not require staff to undertake further formal study nor is there any funding commitment by the Shire of York to underwrite their studies.

Professional development and learning of best practice techniques is encouraged and staff are sent on specific learning courses relevant to their positions and customer needs e.g. Licensing, library, rates etc….

[Note the inept and inapposite nature of the comparison drawn in the first sentence of President Hooper’s response.  Shire employees get paid from the public purse, as do school employees whose qualifications, if required for their employment, are not usually hidden from public view.  Bank and co-op workers and others in private employment are paid accordingly.  In my experience, people who have qualifications in any field, or are striving to obtain them, are only too happy to let the world know. JP]

Question 3

Over the previous two years how many employees have been given a job at the Shire of York without their positions being formally advertised?

Response

Positions that have been filled without formally being advertised are five (5) in the Works Department and one (1) in Administration. All applicants provided a resume and were interviewed by a panel.

There is no requirement for local governments to advertise any position other than those for designated senior employees e.g. CEO.

[The trouble is that if jobs aren’t advertised, they may end up being awarded to friends and relatives of councillors, and of staff already employed, when others—more capable, more experienced and better qualified—might have applied if they’d known the jobs were available.  The Local Government Act 1995 expressly forbids nepotism (jobs for the family) and patronage (‘jobs for the boys’).  Of course, I’m not saying anything like that ever happened in York…but surely even lowly jobs with the Shire should be advertised, if only locally, to assist ratepayers in getting the best possible value for money.   Perhaps fairness comes into it somewhere, too.  New CEO and HRO, please consider. JP]

19 comments:

  1. If, as Western Australia's Minister for Water Hon. Mia Davies states, she has no remit (authority) to step in and protect the Mundaring Weir water Catchment, why do we have a Minister for Water?

    Why does she have a Ministerial Office, staff and car, to say nothing of the Ministerial Pay packet?

    How come the Minister for Local Government has the power to 'step in' and stand down a democratically elected Council?

    Is the State Government of Western Australia operating using double standards?

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    1. Don't miss David Taylor's brilliant article at http://shireofyork6302.blogspot.com.au/2016/04/rain-falls.html#comment-form

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    2. I think the blogspot is a great way to keep folks informed but a little house cleaning. In the section under notes -(1) it seems to be implying that Kay and Robyn Davies basically have no academic credentials to back them up. It seems rather odd that at the last hearing SITA's lawyers said straight away that they emphatically deny any evidence is to be used in the SAT from the Davies. Robyn and Kay have been in every mediation and direction hearings and also the main court case for the past 4 years.Over the course of this whole sordid affair Kay and Robyn have met with every politician, written dozens of submissions, radio interviews, newspaper articles, numerous forums - the list is endless. Kay and Robyn were the only 2 left standing as 3rd party intervener's as another group in town had their intervener status revoked therefore they lost their chance to keep fighting. Robyn and Kay started their fight when the Omnibus 50 was not far from being adopted. Robyn and Kay went comprehensively through the TPS and carefully found many loopholes. The DER have issued a works approval and now it is in the hands of the Appeals Convener of which the people had until the 11th April - not the DER - as was written on the blog. They received less than 10 submissions but Robyn and Kay were told that the submission they put in was very comprehensive. Also as a matter of interest Robyn and Kay have not received any money from the public or elsewhere

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    3. I think there's been a misunderstanding here. I yield to nobody in my admiration for Robyn and Kay and their stupendous unpaid efforts on behalf of us all to keep SITA at bay.

      My point was that the SAT, citing case-law, specifically rejected their evidence on the grounds that (a) they weren't 'experts' and (b) because the individuals whom the Tribunal regarded as expert witnesses agreed among themselves on environmental issues (see Decision, pp.8-9). By 'experts', the Tribunal appears to mean people who were academically or formally qualified in particular fields, like hydrology.

      In my view, Robyn and Kay ARE experts, albeit in a broader sense than the one used in its decision by the Tribunal. I venture to believe they know a great deal more than any 'expert' for hire about local agriculture and the likely impact of a landfill on neighbouring farms.

      Ironically, that's the kind of advice and information the Tribunal initially asked them to provide, presumably because it recognised them as experts on farming near Allawuna!



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  2. Just read Mia's letter, if the Minister for Water can't protect our Water, can someone explain why W.A. Taxpayers fund a Minister for Water?

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    1. That's easy, because they tell you you must pay water rates and everyone does exactly what big brother tells them to do.

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    2. Who do we sue when the regional water supply is contaminated?
      I suppose the Minister for Water will blame the Minister for Environment, he will blame the State Administration Tribunal, they will blame SITA who will blame the York farmers!

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  3. James

    Please go on a long holday

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    1. Thanks for your good wishes, but I'm not due for a holiday just yet. Is there a particular reason why you think I need one? Or are you suggesting you might benefit or profit from my absence? How is your comment related to something I've posted on the blog? I haven't touched a nerve, have I? God forbid!

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    2. Was that request from Missing In Action?

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    3. I doubt it. She can punctuate and spell.

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    4. Anonymous14 April 2016 at 06:54 Obviously you do read the blog.

      If James went on a holiday, what would you do to enhance your knowledge?

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  4. I think Mia may be wrong in saying that a landfill, or something no less horrible, wasn’t envisaged in York’s planning scheme.

    A landfill is classed as a ‘noxious industry’. At some point, ‘noxious industry’ was inserted as a ‘SA’ use in the General Agricultural Zone within which Allawuna is located.

    The Scheme defines ‘SA’ to mean ‘that the use is not permitted unless the local government has exercised its discretion and has granted planning consent after giving special notice in accordance with clause 7.2’.

    As we all know, in this instance the Shire of York, with full approval and support of the citizenry, declined to exercise its discretion in favour of the proposed landfill.

    Clause 4.15.1 sets out the objectives of general agricultural zoning. The first two objectives are given as:

    (a) To ensure the continuation of broad-hectare agriculture as the principal land use in the district encouraging where appropriate the retention and expansion of agricultural activities.

    (b) To consider non-rural uses where they can be shown to be of benefit to the district and not detrimental to the natural resources or the environment.

    [Note the presence in objective (a) of the weasel word ‘appropriate’, which operates as a verbal cancer in the jargon of modern bureaucracy and opens the gate to a bewildering range of abuses.]

    In my unlearned opinion, the Tribunal paid far too little attention to the conditional nature of objective (b). In paragraph 13 of its decision, the Tribunal adverted to ‘community benefits’ that might ‘flow’ from the landfill, noting however that ‘an earlier offer to receive the Shire’s waste free of any disposal fee was withdrawn by the applicant’.

    Among the conditions the Tribunal imposed on the development there is none that insists on or recommends the provision of employment or contracting opportunities to the local population.

    Toxic leachate is far more likely to flow from the landfill than any presumed benefit to the York community.

    It would be hard for an unbiased observer to resist the conclusion that the Tribunal was unduly influenced by the ‘strategic’ imperatives of the Barnett government regarding waste disposal in rural and regional WA. In that respect, its decision was more political than based on planning law.

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  5. why do we need to focus on SITA when we have it happening at our doorstep in Ashworth Road?

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  6. fool its not about SITA just about the old council, SIT's a side issue, thats why avon waste goes under the table

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    1. Would you expand on your comment, please? Why is SITA just a side issue? Which old council are you talking about?

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  7. well if it was about waste and trucks on the road and pollution why would there be more focus on Ashworth Road and what is happening behind closed doors there it is exactly the same situation, but no one seems to want to talk about it but it is at our front door I dont understand, the only way to understand it is that people attacking SITA are only really interested in attacking the old councils involvement, the dump is only a side issue. If it wasnt the acse people would be on the street about Ashworth road it is a worse risk to York 9kms than Sita which is 40kms from town

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  8. With respect, I must point out that there's been a fair bit of discussion about Ashworth Road on this blog for some time now. SITA is important because that development is likely to interfere with traffic and people fear the possibility of groundwater contamination from toxic leachate resulting in pollution of our water supply from the Mundaring weir. There are also heritage considerations that I won't go into here.

    Allawuna is only 20 kms from York, not 40 as you suggest.

    Personally, I'm not that interested now in 'the old council's involvement'in the SITA matter. I've said everything I want to say about that in previous articles. I was disappointed that at its first meeting the new council allowed itself to be hoodwinked into approving Avon Waste's application to set up a truck depot in Ashworth Road without giving the people of York, all of whom will be affected by it, the chance to study and comment on it. Jane Ferro did her best, but got no support from her colleagues on council.

    I posted extensive comments about the truck depot on this blog and copped some particularly nasty threats for my pains. I'm happy to say again that I believe the decision was wrong, or at best ill-timed, and the application should have been subjected to public scrutiny before being approved.

    One last thing: give me fresh information, and I'll publish it.

    See, I'm not such a fool after all!

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  9. thanks James no your no fool, i didnt mean that thanks for your comments

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