Southern Downs Regional Council & El-Paso Farms defend asbestos contamination claims

Southern Downs Regional Council and El-Paso Farms have fired back at state government allegations over asbestos contaminated mulch supplied to a Warwick school, with both parties filing their defence. Full update here.

The state government’s lawsuit against Southern Downs Regional Council and El-Paso Farms has taken a leap forward in Brisbane District Court.

In December 2023, the state government filed a claim against both parties whom they allege were in some way involved in the supplying and spreading of asbestos-contaminated topsoil at the sporting oval of a Warwick school in December 2017.

Legal representatives for Southern Downs Regional Council and El-Paso Farms have hit back against the claims, filing their individual responses in Brisbane District Court on Friday.

The documents filed on behalf of SDRC dispute the claims the asbestos contaminated mulch came from the Allora Waste Transfer Facility, stating “it has no record of any contamination in or around November 2014”.

Council further alleges it was only aware mulch was obtained from the Allora facility by a third-party contractor of El-Paso Farms around that period.

In the documents filed on behalf of El-Paso Farms and a third party, it claims the third-party contractor had advised an employee of the Allora facility in November 2014 of their intentions to use the mulch to create the topsoil.

The third-party contractor further claims the employee then told them the mulch “would be fine for that purpose”, the documents said.

It’s further detailed that council was first made aware the third-party contractor of El-Paso Farms was supplying topsoil made up of mulch from the Allora facility to the public in October 2017.

Asbestos removalists are dug up the oval and playgrounds of Warwick Central State School in a bid to give parents, students and staff peace of mind after asbestos was found in the grounds in August 2018.

Council claim it was notified by a member of the public who had recently purchased topsoil from the El-Paso parties in October 2017, was found to have traces of asbestos.

Further inquiries were conducted by council with the El-Paso parties, which resulted in the El-Paso parties agreeing not to provide any materials sourced from the Allora facility to the public.

According to the documents, council will allege it advised the El-Paso parties that soil testing should take place of the material obtained from the Allora facility, and only sold to the public after returning a negative result.

The El-Paso Farms parties have also disputed the state government’s claim they took part in the spreading of the topsoil at the oval, stating the agreement was only to supply and deliver.

They further claim there was an offer to provide the school with a nutrient report of the soil, but a representative of the school had declined.

The El-Paso parties have denied the mulch used to create the topsoil supplied to the school contained asbestos contaminated material, further claiming the mulch used was obtained from the Allora facility in December 2017.

By not being party to the agreement between the school and the El-Paso parties, the council claims there was no opportunity for them to test the soil sold or warn the school of the potential of contamination.

A Workplace Health and Safety Queensland spokesman confirmed bulk material samples were taken from several location in August and September 2018.

The WHSQ spokesman said these samples were taken as part of an investigation into contaminated soil and other materials supplied by the Allora Waste Transfer Station to El-Paso Farms, and other sites.

“Asbestos was detected in samples from all locations, including five residential properties,” the WHSQ spokesman said.

“Following the investigation, Southern Downs Regional Council was prosecuted for the transfer station’s failure to maintain an asbestos register and asbestos management plan.”