Victoria’s Ombudsman has launched an investigation into the Environment Protection Authority’s decisions to approve sites to receive contaminated rock and soil dug up on the $6.7 billion West Gate Tunnel project.
Ombudsman Deborah Glass will investigate whether the state’s environmental watchdog followed the appropriate process in approving three disposal sites to receive up to 3 million tonnes of waste contaminated with per- and polyfluoroalkyl chemicals – the potential carcinogens known as PFAS.
The EPA says while it will probe decisions to this point, it cannot make binding directions about where spoil will be sent in the future,Credit:Joe Armao
The new toll road, built by Transurban, is running at least two years late and the cost is believed to have blown out to between $10 billion and $11.9 billion – more than double Transurban’s original estimate.
The investigation follows community concern about where tonnes of spoil from the West Gate Tunnel project will be located and complaints made to the Ombudsman’s office.
The EPA initially approved three sites – Hi-Quality in Bulla, Maddingley Brown Coal in Bacchus Marsh and Cleanaway Ravenhall – to take the project’s waste.
But in December 2020, it revoked the decisions only after it was challenged in the Supreme Court by community groups. The day before the first day of hearings were set to occur, the EPA embarrassingly quashed its approvals, admitting it had made a legal error.
But by early 2021, the watchdog had again approved the sites to receive the project’s spoil.
In June, the Hi-Quality was chosen to receive the soil.
Victorian Ombudsman Deborah Glass said the probe would investigate the adequacy of the EPA’s decision-making.
“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.”
The investigation will probe the EPA’s decision making and approvals regarding the disposal sites and consider whether the EPA had proper regard for the principles set out in the Environment Protection Act 1970 (Vic), and whether it gave proper consideration to human rights identified in the Charter of Human Rights and Responsibilities Act 2006 (Vic).
EPA chief executive Lee Miezis said the EPA will co-operate with the Ombudsman’s investigation.
“The Ombudsman can expect EPA’s full collaboration and it will share all necessary information required. As this investigation is now underway, EPA has no further comments at this time.”
The investigation is expected to be completed by the end of this year, with Ms Glass to report to Parliament with her findings.
Ms Glass is seeking submissions from identified community groups.
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