TNG Pty Ltd’s challenge to the validity of the NSW Waste to Energy regulation that ruled out waste to energy in the Greater Sydney Basin has failed.
With the validity proceedings over, the focus shifted back to Malouf’s appeal to NSW Land and Environment Court against the Independent Planning Commission’s refusal to approve his incinerator project at Eastern Creek.
Yesterday, we reported that the NSW Court of appeal had left one legal issue to be resolved in the appeal proceedings.
Today, there is more good news for residents who have been fighting the proposal for seven years. This morning, Malouf’s lawyers told the NSW Land and Environment Court that they have filed a notice that they plan to discontinue proceedings. This means they have decided to drop the appeal. The deal is not yet finalised because their proposal includes conditions and the NSW government has not yet agreed to these. (These conditions are not public but could involve waiving costs of proceedings or other issues.) The case has been adjourned until next week when we can expect it will be finalised.
The project was strongly opposed by thousands of residents living around Eastern Creek, the Blacktown Council, neighbouring industrial landholders including Jacfin Pty Ltd and the NSW Environmental Protection Authority. Finally the opponents of the incinerator should be able to celebrate.
Malouf’s failed challenge to the validity of the Waste to Energy regulation also means that a Cleanaway and Macquarie partnership which had lodged, but not proceeded with, another incinerator proposal in Western Sydney is also likely to be withdrawn.
Regulation is valid and allows waste to energy incineration in precincts outside the Greater Sydney Basin
Meanwhile in regional NSW the community fight against incineration continues.
The Tarago community continues to oppose Veolia’s proposal to build an incinerator at its Woodlawn facility. Hundreds of submissions have been lodged opposing the proposal. CEM will post further reports on this project.
Here is a recent investigation into incineration and toxic waste in Europe.