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opportunities and—if conditions attached to the SAT and DER approvals permit—reverting to its original offer, withdrawn in the Tribunal, to receive York’s waste free of charge.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.


                                                                                 *******

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 
                                                                                 *******

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]

Thursday, 7 April 2016

NOTES FROM UNDERGROUND


Welcome to the Wheatbelt, the waste disposal hub of WA

It’s now a month since the State Administrative Tribunal handed down its decision to give conditional approval to SITA’s landfill proposal. 

Some of you, like me, may have taken the time and trouble to download and read the decision, available from http://www.austlii.edu.au/au/cases/wa/WASAT/2016/22.html.

For many of us, the decision came as a disappointment but no surprise.  As it made clear—not of course in so many words—the scales of justice were from the outset weighted heavily against the people of York.  That is not a reflection on the Tribunal, which acted in accordance with precedent and relevant legislation, as it was bound to do.

Not being a lawyer, I‘m not qualified to discuss the specifically legal issues canvassed in SAT’s decision, although thanks to its clarity of exposition and argument I think I can honestly say I had little difficulty in understanding them.

Luckily, though, I‘ve had access to legal advice regarding the reasons for the decision and the prospects of appeal.  In summary, it appears from that advice that the decision is legally watertight, offering no basis for an appeal to the Supreme Court.

Perhaps all is not lost.  There may be grounds to apply for a ministerial review of the conditions attached to the Works Approval issued by the Department of Environmental Regulation (DER).  The closing date for such an application is today, 7 April, so if you haven’t got round to doing it, you’ve missed the boat. 

You’ve also saved yourself $50, the amount of the application fee.

It may also be possible to apply for a judicial review of DER’s decision to grant the Works Approval.  This application would have to be lodged with the Supreme Court, which has power to monitor and restrain administrative decisions by means of ancient remedies known as ‘prerogative writs’ issued against a decision-making body.

For the curious, prerogative writs comprise certiorari  (‘please explain’), mandamus (‘do this or else’), prohibition (‘don’t you dare do this’) and habeas corpus (‘let the poor bugger go’).  Only the first three would apply in this case—for now, anyway (just kidding, Your Honour).

The danger here is that if such an application were to fail, SITA as respondent would be able to apply for costs.  It could even seek from the court an order for ‘security of costs’ before the application is decided.  If work on the landfill was delayed pending the court’s decision, SITA might also, if it wins, go for an award of damages. 

Most of us, as individuals, would find that a terrifying prospect.  SITA, a subsidiary of the giant international corporation Suez-Lyonnaise, has virtually limitless financial resources, enormous political influence, and no obvious inclination to exercise moderation or mercy.  Its primary motivation is a rapacious desire to maximise profits.

As the 18th century Lord Chancellor Edward Thurlow is reported to have said, ‘Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked?’  (That’s the polite version.) 

A corporation like SITA is hardly better than a gargantuan psychopath, with far greater capacity to intimidate than our friend Animal Crackers (‘woof, woof’) or other home grown advocates for the waste disposal industry. 

If anybody does intend to take SITA on in the Supreme Court, they would do well to seek crowd funding on a massive scale to cover SITA’s expenses as well as their own.

Weighting the scales of justice—1

In making its decision, the Tribunal relied heavily on the argument that SITA’s proposal was consistent not only with the York Shire’s Town Planning Scheme No.2 (TPS2), but also with state government planning regulations.

I may have got this wrong, but so far as I could tell consistency with TPS 2 depended considerably on the inclusion of ‘noxious industry’ among the uses permissible in the Agricultural Zone. 

As I recall, those words did not appear in the Scheme until a few years ago, when they were inserted—so the story goes—on the instigation of a former CEO of the Shire, allegedly at the insistence of a person who if he was a councillor at the time might have declared an interest.

I wonder how much genuine attention the shire council of the day gave to the implications of inserting those words in the Scheme.  Perhaps they were assured that paving the way for noxious industries—like gravel pits, recycling depots or landfills—in the Agricultural Zone was vital to the interests of agriculture and tourism in York, those being the two main sources of York’s prosperity, such as it is. 

I suppose there may be logic in there somewhere, but it’s lost on me.

Weighting the scales of justice—2

People who have scoffed at my suggestion that the state government played an important and deliberate part in ensuring SITA’s triumph in the Tribunal should consider the reliance the Tribunal placed on planning documents emanating from the WA Planning Commission (WAPC).   This agency describes itself on its website as responding ‘to the strategic direction of government on urban, rural and regional land use’.

In June 2014, WAPC issued a document entitled State Planning Strategy 2050.  The Tribunal’s decision deems it relevant that Figure 32, ‘Planning for Waste’, in that document ‘identifies on a map a landfill site within the Shire, but does not identify it specifically on the subject land, particularly because of the scale of Figure 32’ (my emphasis). 

How convenient that scaling now seems, bearing in mind that by June 2014 battle between the Shire and SITA over the Allawuna siting had been well and truly joined.

No less persuasive for the Tribunal appear to have been the waste management proposals contained in a document headed Draft Wheatbelt Regional Planning and Infrastructure Framework, issued by WAPC in March 2014.  This document clearly identifies the Wheatbelt as an intended receptacle for metropolitan waste, noting the existence of ‘current proposals for landfill facilities in the Shires of York and Toodyay’.

The Tribunal notes as ‘important’ that Appendix 5 of the draft document ‘recognises the opportunity’ for a regional waste facility as a component of ‘strategic infrastructure to service Perth’.

A cynic might question why a draft document should to such an extent have influenced a decision supposedly focused on existing planning law.

The Tribunal also makes much of a document published by the WA Waste Authority in 2012, namely, The Western Australian Waste Strategy: ‘Creating the Right Environment’.  That was the year when we in York first became aware of the waste disposal juggernaut heading in our direction with the blessing of certain former councillors and of course, our illustrious former CEO.  This document refers to the need for waste disposal facilities in regional WA to accommodate the growth of Perth.


There is no indication in the Tribunal’s decision that the needs, wishes and interests of local tourism, neighbouring landholders and the people who live in York have counted for anything at all.1 

Environmental concerns are effectively dismissed as the responsibility of the DER, which couldn’t be bothered to investigate such concerns with proper vigour before issuing its Works Approval.  (I’ll have more to say about the DER’s role in my next article but one.)

The historical and heritage importance of York as WA’s first inland settlement barely rates a mention.  The impact of increased truck movements on other users of the Great Southern Highway is airily waved away.

For this, the Tribunal is not to blame, constrained as it was by a legal framework set up by the current state government to make life easy for large corporations and to restrict the capacity of ordinary citizens—in this case, country people— to resist developer encroachments on their environment and way of life.

As the old joke has it, this represents the triumph of mind over matter:  they don’t mind, and we don’t matter.  It’s not as if there were no other possible sitings for a landfill, in places further from human habitation and of less environmental and cultural significance. 

The issue here, acknowledged by Nial Stock, SITA’s general manager in WA, was that such sitings were less convenient and more expensive for SITA, and would therefore sap the corporation’s profits.2  

There you go, fellow nimbies, that’s life in 21st century Western Australia.  Don’t get your hopes up.  It isn’t likely to change.

NOTES

1.     Kay and Robyn Davies, by leave of the Tribunal, very capably represented the opinions of neighbouring landowners in a submission the Tribunal described as ‘a lengthy, well researched and comprehensive document covering a diverse range of amenity, local and environmental issues relevant to the proposed landfill’.  However, their evidence was outweighed by ‘expert’ opinion, including the opinion of planners who may know nothing and care less about the likely impact of the landfill on local agricultural methods and practices.   Such expert opinion, dignified with the appellation ‘evidence’, always trumps the commonsense objections of ordinary folk with experience but no academic credentials to back them up.  That’s the law.  Hence the Tribunal was ‘unable to give much weight to the Davies’ contrary and non-expert opinions or assertions where they conflict with…expert opinion’.  See paragraphs 16-19 of the Tribunal’s decision (pp. 8-9).

2.     The Tribunal noted the evidence of Nial Stock, SITA’s general manager in WA.  He ‘told the Tribunal that [SITA] had examined in detail other potential sites…east of the Darling Scarp’, and that the company had rejected other sites ‘mostly because of commercial considerations such as transport distance, development costs relative to site characteristics, and land availability, when compared to the current site’.  [Emphasis added.]  The Tribunal observed, while accepting Mr. Stock’s ‘considerable experience in such matters’, that ‘no independent evidence was produced in support of [his] assertions’.  (Decision, paragraphs 94-95, p.29.)

(click to enlarge)

And another thing…

Lately, I’ve been pondering a remark made by local MLA, Mia Davies, minister for water in the Barnett government and deputy leader of the Nationals, during the interview with Jane Marwick broadcast recently on ABC 720.

That was when we discovered that although she had previously said nothing about her concerns to her constituents, she had been strongly opposed to SITA’s proposed landfill all along.

Questioned about her views on the possibility that our water supply might be contaminated with noxious substances leaking from the landfill, Mia declared that she was ‘less nervous’ about this ‘than the community’.

But how nervous is ‘less nervous’?  Did she mean ‘a little bit nervous’, or ‘rather nervous but not that much’, or did she really intend to say ‘I’m not even slightly nervous, and don’t actually give a stuff’?

Because if she was even a teeny bit nervous, wouldn’t that have been sufficient motive to bring pressure to bear on DER to hold off on issuing its Works Approval until she was satisfied that there was absolutely no possibility of contamination?  Is she so satisfied now?

Whatever happened to the precautionary principle?  If such contamination were to occur, it would affect not only York but also every community along the C Y O’Connor pipeline from Mundaring to Kalgoorlie.  Not a happy thought, but such an event would certainly earn Mia and her ministerial colleagues a lurid place in WA history.

Water Minister Mia
Drove to Mundaring Weir,
Down by its green waters her footsteps did stray:
When up popped a lump
Of sludge from York's dump,
That frightened poor Mia—and the voters—away.

*******


COMMENTS—A CHANGE OF POLICY

From the beginning, I have always welcomed comments on this blog.  Comments expressing fierce disagreement with my views have been—and will continue to be—as welcome as comments that are friendly and supportive.

As an old-fashioned libertarian, I believe that freedom of expression is the bedrock of our society and civilisation. A legacy of the European Enlightenment, it is the condition precedent of discovery and innovation in every aspect of our culture. We abandon or restrict it at our peril.

Like many others, I despair at current encroachments on that freedom.  Such encroachments are largely perpetrated nowadays for the sake of ‘not giving offence’.  Freedom of expression means being prepared to tolerate unpopular, unpleasant, even seemingly bigoted opinions.  If it doesn’t mean that, it means nothing.


It follows that I am extremely reluctant to censor comments.  Google doesn’t allow me to edit them, so the choice is publish, delete or suppress as spam.


Up to now, I have tended to err on the side of permissiveness when deciding what to publish, delete or suppress.  This has sometimes resulted, I’m sorry to say, in the publication of comments that have amounted to unfair and unfounded attacks on individuals, attacks that have no bearing on issues that come up for discussion and debate.  In making that admission, I confess that I myself may have sometimes set a dubious example.


At the same time, I acknowledge that it isn’t always possible to separate individuals from their actions, especially when they have abused their authority or influence in the bureaucratic, political or commercial sphere and have made themselves, so to speak, ‘fair game’.

Yet even in those cases, there is a fine line between legitimate criticism and personal abuse—a line that is only too easy to cross.

I don’t want to restrict criticism, but I would much prefer to publish comments that focus on issues rather than personalities. 

So in future, I intend to be a lot more censorious than in the past.  I won’t publish comments that I consider gratuitously abusive, contributing nothing of value to the flow of ideas and opinions taking place on the blog. 

The only exception will (occasionally) be abusive and threatening comments directed at me—if I think I can get some humorous mileage out of them.

Which reminds me—amusing comments will always be welcome, so long as they are good humoured, even if they are a tad irrelevant as happens now and again.

P S: This time, I mean it!
 

Tuesday, 22 March 2016

HOW MUCH DEMOCRACY CAN WE AFFORD?


[STOP PRESS 290316

York residents still engaged in active opposition to SITA landfill

Please, everybody, watch this excellent video: https://youtu.be/d6q8tCvr_GQ

Then let your representatives in state and federal parliament know exactly what you think of the SAT decision in SITA’s favour and of the political cowardice and failure to act that made that decision possible.

This is our eleventh hour—but it may not be too late to turn the tide.

Mia, here’s your chance to redeem yourself in York’s eyes.  Don’t let it go to waste.]

*******

by Keith Schekkerman

[Reprinted by kind permission of the author from the Avon Valley Residents Association (AVRA) Newsletter, 17 March 2016.  Its appearance here is not to be interpreted as an endorsement by Mr. Schekkerman or AVRA of any opinion expressed at any time on this blog by the moderator or any other person.]

The AVRA committee is disappointed with the outcome of the State Administrative Tribunal (SAT) in the case between SITA/SUEZ and the Wheatbelt Joint Development Assessment Panel (JDAP). As you are aware, the proposal calls for the dumping of millions of tonnes of metropolitan waste on Allawuna Farm which is on the Chidlow/York Rd. The court ruled in favour of SITA/Suez and upheld the appeal, subject to some conditions. The rubbish tip can now go ahead.

This whole sorry case has shown that local Town Planning Schemes are worth little, as top drawer lawyers can pick holes in them at will and because of the current system Shires are unable to defend themselves. The State Government decided some time ago that Shires would be “assisted” in making decisions for projects that are worth over six million dollars. It instituted the JDAP system, where outside experts help to make the ‘final’ decision.

In this case, both the Shire and the JDAP rejected the plan twice. SITA/Suez appealed to the SAT who overruled everyone and approved the project principally because the JDAP defence was no match for the big budget legal representation afforded by SITA/SUEZ.

The will of the community and the Shire’s Town Planning Scheme, which does not permit this development, counted for nothing.

While the AVRA committee was upset by the decision, we were not altogether surprised. From the beginning, this whole regrettable saga has been marked by the repeated failure to act on the part of those that were and are in positions in which they could have been expected to represent the interests of the majority of people in York.

Early in the process, during the last state election campaign, the Premier Colin Barnett met with AVRA members and gave the undertaking that he would come to York and discuss the issue with us and that “Cabinet would deal with waste disposal before any decisions would be made”.

Guess what, he never got around to it and decisions were made. You might remember Colin Barnett’s stance on the Margaret River coalmine proposal. He pronounced that ‘it is not going to happen’ and that was the end of that.


  The Premier and Steven Strange, visiting York in 2013, where the above undertaking was given.

Our local member, the Hon Mia Davies, is also the Minister for Water. If she had been prepared to spend a little political capital, she could have vetoed this proposal with the stroke of a pen. We know that the DER came up with a computer model that appears to show that there was no hydrological connection between the proposed site and the Mundaring Catchment. However as the site is within a few hundred metres of the catchment, the precautionary principle should have been invoked to safeguard the catchment as well as the other waterways. Nobody knows if the area is connected as not enough fieldwork has taken place to prove it conclusively one way or the other. While we are aware of her stated opposition to the plan, her actions consisted of encouraging her colleagues to act, rather than act herself.

AVRA has a letter in file from the Minister for the Environment, the Hon Albert Jacob, in which he states that the landfill capacity on the coastal plain is sufficient until 2030. This 14 year time period would have given the Government the time to develop a comprehensive plan to deal with waste from the metro area and suitable locations for new landfills, if they so desired. The truth is that they are not interested! They keep trying to handball it on to the Waste Authority who, under their rules of engagement, use the Victorian Environmental guidelines on waste disposal, etc, in which they are tasked with identifying new sites. They have not done so and leave local Shires poorly equipped to defend against unwanted development.

Recently a letter came to light written in November 2013, from the Minister for Planning, the Hon John Day, to our local MLA Ms. Mia Davies. It talks about a range of planning matters to do with waste disposal, etc. and makes some sensible observations.

He goes on to write that “Subject to environmental and land use suitability, landfill sites should be adjacent to the region’s transport routes – the Great Eastern, Great Northern and Brand Highways. The Great Southern Highway, though technically a main road, may not be configured to handle the type of vehicles proposed, nor be an ideal entry point to WA’s first inland town of York”.

All this shows that our elected representatives know what needs to be done but nobody has the gumption to act. We are well aware of the political influence organisations like SITA/SUEZ can bring to bear and the manner in which financial contributions to political parties may influence their actions.

We invite you to contact the various political players mentioned and seek some answers for yourself. The only thing that will stop the Allawuna proposal now is a rethink on the part of our political representatives. Recent history has shown that all are more interested in the short electoral cycle of politics, rather than rocking the boat and representing the interests of their electors.

To demonstrate how insincere SITA/SUEZ is about this application, take into account the following. The modified and down sized second proposal reduced the volumes of rubbish and the lifespan of the operation to 20 years. When the SAT wanted to include this 20 years as a condition of operations, the company objected and the SAT caved in. What we have now is an unlimited landfill operation with further applications to follow that will expand the volume and variety of waste together with the attendant increase in the trucking traffic. In time the rubbish trucks will approach from the east as well, through the York town site.

The surrounding landholders now find themselves in the position of having their property values greatly reduced by the proximity of the tip, and their right to enjoy their property in peace is vastly compromised. Precedence has shown that there is little chance of recompense for this and that contamination, both literally and figuratively, has now been forced upon a community, in particular on those that live near the site. Whether this is real or perceived is of no consequence as perception is just as damaging, sometimes more so.

All in all the York Community has been let down badly by our elected representatives.  This whole exercise has been of little consequence to them, as there are just a handful of votes involved. Their inaction has been monumental.

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From the Facebook page Stop 40 Years of Perth Rubbish in York:



“The following suburbs and localities need to know that the water they drink, which comes from the Mundaring Weir may be seriously affected by the SITA landfill proposal.


The SITA Allawuna landfill site is located in the catchment area of the Mundaring Weir.

Please share and let your friends know if they live in Sawyers Valley, Chidlow, Wooroloo, Mundaring, Mount Helena, Stoneville, Parkerville, Mahogany Creek, Glen Forrest, Helena Valley, Darlington, Midvale, Bellevue, Swan View, Green Mount, Boya and Hovea.

Mundaring Weir also pumps water to all the communities in the Avon Arc, the wheatbelt and as far as Kalgoorlie.
Everyone needs to be aware of this proposal as it will affect us all.”

 
OTHER BUSINESS - SHIRE WORKER POISONING AN INNOCENT TREE 
 (see comment 29/3 at 20:30)


(Photos courtesy of Beven Meredith)