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EPA's decision on the works approval application (Updated)*
VCAT has upheld EPA's works approval decision
An appeal of EPA's decision to grant works approval 149980 to Grosvenor Lodge was lodged with the Victorian Civil and Administrative Tribunal (VCAT).
On 25 September 2018, VCAT upheld EPA's works approval application, with a conditional change to section WA_R4 (h) on Noise, requiring that an amended Noise Management and Monitoring Programme be provided in the report.
VCAT's review can be read here.
*A works approval has been granted with conditions
Read the works approval (PDF 1098KB) and the works approval application executive summary (PDF 184KB).
EPA has granted a works approval with conditions to Grosvenor Lodge Pty Ltd for its application to extend the Rockleigh Landfill. The application has been assessed as complying with the relevant state environment protection policies (SEPPs), guidelines and the Environment Protection Act 1970.
Details of the works approval assessment
The approved works include:
- increase in airspace over existing landfill cells 4, 5A, 5B-1, 5B-2 and 1A by 149,000 cubic metres
- extension of three new landfill cells (cell 6A, 6B and 6C) north of the existing landfill cells increasing airspace by 456,000 cubic metres
- tie-in of new cells with existing cells 4, 5A, 5B-1, 5B-2 and 1A
- extension of the western sidewall liner adjacent to cell 4 increasing airspace by 45,000 cubic metres
- construction of a second leachate pond
- progressive installation of a final capping layer and vegetated soil cover over the final completed profile of the Rockleigh landfill and landfill extension
- continuous aftercare management and monitoring of capped cells as a passive open space such as parkland or for grazing.
These new works are all contained within the current landfill site boundary and the landfill will continue to receive the same types of wastes as it currently receives.
If you object to the issuing of the works approval or its conditions, you may have the decision reviewed by applying in writing within 21 days of the date of issue to:
Registrar, Planning and Environment Division
Victorian Civil and Administrative Tribunal (VCAT)
7th Floor, 55 King Street, Melbourne
An application fee may be applicable when lodging an appeal with VCAT. Contact VCAT on 03 9628 9777 for further details on fees associated with an appeal. A copy of the appeal should also be forwarded, within seven days of lodgement, to:
Manager, Development Assessments Unit
Environment Protection Authority Victoria
GPO Box 4395, Melbourne 3001
Key determinations in EPA's assessment
The works approval assessment process identified and considered several key issues with a particular focus on the control and management of noise, odour, dust, landfill gas, leachate, groundwater and surface water. Many of the issues were identified by the community in submissions and meetings and informed the conditioning of the works approval.
EPA’s assessment of the works approval application determined that the proposed landfill expansion:
- is identified in the 2016 Metropolitan Waste and Resource Recovery Implementation Plan landfill schedule
- is consistent with Statewide Waste and Resource Recovery Infrastructure Plan
- is compliant with the Landfill Best Practice Environmental Management, Landfill Waste Management Policy. This means it has been assessed as meeting international best practice standards and is suitably located.
- is compliant with state environment protection policies (SEPPs)
- is not expected to adversely affect the interests of any person other than the applicant
- is not expected to adversely affect the quality of any segment of the environment nor cause pollution or environmental hazard
- is compliant with the environment protection principles of the Environment Protection Act
- has not been objected to by Department of Health & Human Services
- has been made by Grosvenor Lodge who is considered a fit and proper person.
The relevant conditions in the works approval must be met before and during the modification of existing cells, construction of each new landfill cell and leachate pond. These works must be verified by an EPA-appointed environmental auditor to ensure that the construction complies with approved design documents. On completion of construction, Grosvenor Lodge must submit an application for a new licence or licence amendment before commencing the proposed works.
Grosvenor Lodge P/L (the ‘applicant’) applied to the Environment Protection Authority Victoria (EPA) for a works approval to extend its operational landfill at 435 Balnarring Road, Tuerong (Rockleigh landfill – formerly Devilbend landfill).
The applicant proposed to add three new landfill cells to the north side of the existing premises. There is no proposed change to the type of waste accepted at the landfill.
Under this proposal, the extension will provide an additional capacity of 650,000m3 of airspace, which equates to an additional landfill life of seven to eight years (based on current filling rates). The current EPA licence held by Grosvenor Lodge (Licence No. 45248) allows for the disposal of industry derived solid inert waste, asbestos of domestic origin and tyres shredded into pieces of less than 250mm. EPA understands the proposal would allow the site to continue to receive such waste from across the Melbourne metropolitan area.
Grosvenor Lodge requires both local planning permit approval and EPA works approval prior to commencing works on the landfill extension. EPA understands Grosvenor Lodge has submitted an application to Mornington Peninsula Shire Council for planning permit approval.
Public consultation on the application
The application was advertised for public comment in the Herald Sun and Mornington Peninsula Leader on 19 April 2017. The closing date for public submissions to EPA was 12 May 2017.
EPA and the Mornington Peninsula Shire Council hosted a joint drop-in information session on Wednesday 3 May at the council offices. This was an opportunity for community members to understand the proposal and see how they can become involved in the process.
Three local residents attended the information session, where EPA heard a number of concerns about the environmental performance of the current operation. These included compliance with previous VCAT orders (particularly rehabilitation), noise emissions and risks to nearby surface waters.
EPA received a total of four submissions; the submissions largely concern issues related to the current operation, as mentioned above. EPA considered the concerns raised in our assessment of the works approval application.
EPA and Mornington Peninsula Shire Council met with two of the submitters on 16 August to follow up on the compliance concerns raised in their submissions.
EPA requests further information from Grosvenor Lodge Pty Ltd
On 21 July 2017 EPA issued a notice to Grosvenor Lodge under section 22 of the Environment Protection Act. EPA requested that the applicant supply further information on:
- long-term undisturbed groundwater levels
- additional design and management measures for cells that do not meet the two-metre requirement for separation from groundwater.
A response to the section 22 notice was provided on 13 September 2017 by Grosvenor Lodge and was considered complete to the satisfaction of the EPA.
On 24 August 2017 EPA issued a second notice to Grosvenor Lodge under section 22 of the Environment Protection Act. EPA requested that the applicant supply further information on:
- top-of-waste and top-of-cap contours
- waste placement areas
- demonstrating how the proposed alteration in existing cell height affects risks associated with the landfill; odour, noise, control of leachate and landfill gas, litter and visual amenity, and how these are addressed.
A response to the second section 22 notice was provided on 28 September 2017 by Grosvenor Lodge and was considered complete to the satisfaction of the EPA.
On 28 September 2017 EPA issued a third notice to Grosvenor Lodge under section 22 of the Environment Protection Act. EPA requested that the applicant supply further information on:
- the predicted landfill gas (LFG) generation rates and proposed management system
- additional information supporting the proposed stormwater network
- additional information supporting the alteration to existing cells including Cell 1.
A response to the third section 22 notice was provided on 5 October 2017 by Grosvenor Lodge and was considered complete to the satisfaction of the EPA.
On 2 November 2017 EPA issued a fourth notice to Grosvenor Lodge under section 22 of the Environment Protection Act. EPA requested that the applicant supply further information on:
- the detailed calculations supporting the predicted volumes of LFG calculations
- detailed designs of the proposed landfill gas infrastructure
- details of the landfill gas flow rate monitoring to be undertaken to inform audits of landfill gas generation
- details of the additional groundwater collection design measures to protect groundwater resources.
A response to the fourth section 22 notice was provided on 10 November 2017 by Grosvenor Lodge and was considered complete to the satisfaction of the EPA.
Application timeline to date
- 10 April 2017 – Final works approval application received by EPA.
- 19 April – Public advertising of works approval and public comment period for submissions open.
- 3 May – Information session held at the Mornington Peninsula Shire Council, 2 Queen Street, Mornington.
- 12 May – Public comment period for submissions closed at 5pm.
- 21 July – First section 22 notice to supply further information issued.
- 24 August – Second section 22 notice to supply further information issued.
- 13 September – A response to the first section 22 notice was considered complete to the satisfaction of EPA.
- 28 September – A response to the second section 22 notice was considered complete to the satisfaction of EPA.
- 28 September – Third section 22 notice to supply further information issued.
- 5 October – A response to the third section 22 notice was considered complete to the satisfaction of EPA.
- 2 November – Fourth section 22 notice to supply further information issued.
- 10 November – A response to the fourth section 22 notice was considered complete to the satisfaction of EPA.
- 10 November – EPA determined the application assessment and issued a works approval subject to conditions (WA149980).
How to ask questions
Questions relating to the EPA works approval application should be directed to EPA’s customer service centre on 1300 372 842 (1300 EPA VIC) or by email to firstname.lastname@example.org
If you need interpreter assistance or want this page translated, please call 131 450 and ask to speak with Environment Protection Authority Victoria (EPA).