EPA forced to concede its approval for site to hold West Gate Tunnel dirt was invalid

Efforts to solve the toxic soil problem that has delayed the West Gate Tunnel have been thrown further into turmoil.

Landfill sites at Bulla and Ravenhall will also have to re-apply for environmental approval to handle toxic West Gate Tunnel soil, with lawyers on Thursday confirming approvals granted for these sites were invalid.

Earlier this week, it was revealed Maddingley Brown Coal’s Environmental Management Plan had been ruled invalid because of an error by the Environment Protection Authority.

The EPA had given “conditional” approval to handle the soil on the expectation more information would be delivered, but it was later discovered they did not have the power to do so.

After further checking, it has been confirmed the other two sites bidding to handle the PFAS contaminated-soil went through similar processes and were in invalid.

All three will now have to resubmit their applications.

An EPA spokeswoman said it had reviewed its decisions for Cleanaway in Ravenhall and Hi-Quality in Bulla.

“Both plans were thoroughly reviewed and approved on the basis EPA was satisfied they met the strict conditions designed to protect human health and the environment,” she said.

“That has not changed.

“For the avoidance of any doubt, EPA has now determined all three parties will need to submit new applications for consideration.”

West Gate Tunnel Project. Works along Footscray Rd. Picture: Ian Currie

Officials made the discovery as part of preparations for a Supreme Court battle with the Moorabool Environment Group and the Bacchus Marsh Grammar School.

The issue has emerged because the approvals were granted on the expectation that further work would be completed to fit within their guidelines.

It was later discovered the EPA did not have these powers to grant approval ahead of time.

“The original EMP submitted by Maddingley Brown Coal (MBC) was rigorously reviewed and approved on the basis the EPA was satisfied it met strict conditions designed to protect human health and the environment,” a spokeswoman said.

“That has not changed.

“The approval was always dependent on the provision of additional detailed information which was submitted by MBC.

“The EPA has now determined that it would be appropriate to rescind this original decision and incorporate that additional information into any new decision should MBC reapply.”

Hundreds of concrete segments for the tunnel boring machines are waiting at Benalla. Picture: Jason Edwards

It comes as parliament will on Wednesday also debate the planning approval that Planning Minister Richard Wynne gave for one of the sites, Maddingley Brown Coal.

The State Opposition are pushing to wind back the decision and are courting crossbench MPs to do so.

The setback is the latest in a series of debacles that have plagued the $6.7 billion West Gate Tunnel since issues with PFAS-contaminated soil emerged.

Transurban and the builders, CPB and John Holland, have been unable to find an approved location to dispose of the dirt since late last year and two massive tunnel boring machines at the centre of the project have been laying idle in the ground.

Over that time, workers have been laid off and the completion date of the project pushed back from 2022 to 2023.

Major cost overruns are also tipped, with the builders currently fighting tot ear up their contract and renegotiate over the process.

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