The Community Environment Network (CEN) is unhappy with the result of the Land and Environment Court case regarding the Mangrove Mountain golf course dump.
The Court Orders were handed down in the Land and Environment Court on November 10 after the case was brought by Gosford Council to resolve long standing concerns and complaints from local residents. In the course of investigation, it was also found that the waste mounds were too high and potentially unstable. The council originally sought a stop to all dumping and making good of all quantities and conditions of the original Development Application from 1998. However, in the course of the case, the dumper claimed that they had implicit agreement to continue from council and the NSW Government. “Hence, the original claim was signifi cantly compromised to reach agreement and minimise court costs,” said CEN chairman Mr John Asquith. “The key points of the order are: 55 trucks movements per day; dumping to continue for 10 years; 1,130,000 cubic metres of clean or cleanish fi ll (VENM and ENM); 1,028,000 tonnes of waste; and any further changes to be approved by Gosford Council. “Council refused to discuss the case with CEN and locals were marginalised and ignored,” said Mr Asquith. “There was a lack of transparency, with negotiations held in confi dential meetings and the local community given no opportunity to comment. “The locals now have to live with 55 truck movements per day and millions of tonnes of dumping for the next 10 years. “The Environment Protection Authority (EPA) have performed poorly in this matter; pollution licenses were modifi ed and were inconsistent with the original Development Consent; it refused to become a party to the case; a request to establish a Community Consultation Committee has not happened; and information on quantities and breeches has been withheld. “It appears the EPA is now more focused on collecting waste levies than ensuring proper regulation and protection of the environment. “The outcome suits the council, contractor, NSW government and golf club who have gotten off with negligible penalties or signifi cant costs and probably substantial profi ts. “However, locals and their families will endure 10 years of dumping and no say in what happens to their community,” said Mr Asquith. Any concerns with practices at the dump should be reported to the EPA on the Pollution Hot Line 131 555.
Media release, 8 Dec 2014
John Asquith, CEN