Planning court rejects DESI restraint order to stop NuGrow compost deliveries

The state’s noxious industries laws have been labelled a joke after the planning court rejected an Environment Department bid to stop deliveries at a controversial Ipswich composting facility.

The state’s noxious industries laws have been labelled a joke after the planning court rejected an Environment Department bid to stop deliveries at a controversial Ipswich composting facility.

But the Department of Environment, Science and Innovation (DESI) vowed to continue to pursue regulatory options to stop foul odours coming from the Swanbank Industrial Area.

In the latest blow to long-suffering Ipswich residents, the Planning and Environment Court declined to make interim orders limiting odour-causing activities at NuGrow Ipswich Pty Ltd’s compost centre.

The Court dismissed the department’s application for an interim restraint order which would have limited certain aspects of the operation, including NuGrow receiving highly odorous waste.

NuGrow welcomed the decision and said social media posts claiming it was solely responsible for the stench in some Ipswich suburbs were “demonstrably incorrect’’.

In a written judgment, the court found there was “little doubt that the management of NuGrow’s facility presents considerable difficulties’’ in terms of odour impacts.

It found the level of difficulty had increased over time as housing development edged closer to the facility.

A compost stockpile at NuGrow Ipswich. Picture: Liam Kidston

The court also found witness statements from more than 70 residents had established that environmental nuisance from the facility was “real and adverse’’, particularly for residents in Redbank Plains and Ripley.

However, the court considered odour reduction might be able to be achieved by other means and took into account the financial impact the interim order would have had on NuGrow.

The blow for residents came after a small amount of asbestos was discovered last month in compost processed by the company’s Swanbank facility.

The department said it would continue to pursue a final restraint order to have an “in-vessel’’ system constructed at the site to enclose the composting operations.

That matter was listed for a hearing on May 20.

DESI said it would increase monitoring of the site, while the government has flagged toughening legislation.

Stench from about nine noxious industries at Swanbank and New Chum was one of the biggest issues in the recent council election.

Most candidates vowed to take action, even though it was a state matter.

NuGrow says its efforts to enclose composting operations have been rejected by council and DESI.

An Ipswich Residents Against Toxic Environment (IRATE) spokesman said the problem was that the legislation was so loose “you could drive four B-double trucks of waste through it’’.

“They were always going to lose this case and they will lose the next one (on May 20),’’ he said.

“The NuGrow permit clearly said that smell and dust should not leave the premises, but the government changed the rules so it’s now impossible to prove where odour is coming from.

“So this announcement today was totally expected by IRATE.’’

He said NuGrow had agreed in court to enclose its operations, with milestones set for that to happen, but so far no progress had been made.

NuGrow said in a statement on Thursday, March 21, that it it had been working for 18 months to incorporate best practice standards of operation, which would result in reduced odour emissions.

“Regrettably, our efforts to upgrade and enclose our composting facility has been repeatedly delayed by contradictory and uncoordinated policy directions from the state and Council,’’ it said.

“NuGrow is disappointed that the state continues to pursue costly litigation requiring in-vessel composting despite NuGrow’s continued efforts to (introduce that).

“This incongruity was recognised by the court in the decision dismissing the department’s interim restraint application.

“We have been particularly concerned by comments and social media posts by some close to the negotiations encouraging the view among local residents that NuGrow is solely responsible for unpleasant odours in the community and (has been) recalcitrant in addressing them.

“This is demonstrably incorrect, as reflected in some of the comments from recent hearings.

“Resolving this litigation will allow us to move swiftly to improve our facilities and play our part in improving environmental outcomes for people in the surrounding community.’’

NuGrow organic waste recycling. Picture: Supplied

NuGrow has previously said that with nine waste management operations now operating in the Swanbank Industrial Area, the challenge of identifying the sources of odours and containing them was complex.

NuGrow said it would like to enclose its composting operation.

It lodged the necessary environmental and planning approval applications in 2022, but the applications were refused by DESI and Council. That was now being appealed.

NuGrow had also applied for funding from the government’s Recycling and Jobs Fund to enhance its facilities and wrote to the mayor last year asking for a meeting.

“While NuGrow waits for the necessary approvals to upgrade our facility, we continue to implement practical measures to mitigate odour,’’ it said in a public statement last December.

State MP for Bundamba Lance McCallum, MP for Ipswich JenniferHoward and MP for Jordan Charis Mullen issued a joint statement exprssing their disappointmentin the ruling, which they said was a result of extra monitoring by DESI.

“The Department’s application for the restraining order included evidence from more than 70

community members who shared their stories about the impact the odours being created by

NuGrow are having on their lives,” Mr McCullum said.

“It is extremely disappointing that the court has decided not to grant the interim restraint order.”

NuGrow has been fined for breaching commitments under its Environmental Authority at a Dalby facility.

“I strongly support the Department continuing their application and leaving no stone unturned

in pursuing any company who is impacting our community with odour.

“We cannot take a backward step in doing everything in our power to ensure that companies

that are doing the wrong thing by our community and the environment are brought to full

account.”

Ms Mullen said the three government members in the Ipswich area would continue to work with the community and Environment Minister Leanne Linard to ensure her department used every regulatory tool possible to bring waste operators doing the wrong thing to account.

Ms Howard said government members in Ipswich would also lobby the Minister to fast-track

legislative changes, already introduced into the Parliament, aimed at strengthening the

powers of the independent environmental regulator to deal with nuisance matters impacting

communities.

Environment Minister Leanne Linard said she would continue to listen to the Ipswich

community and work with local MPs to ensure the odour issues being experienced were

addressed.