Ombudsman to investigate EPA’s decision on West Gate Tunnel soil saga

The EPA’s decision on the West Gate Tunnel’s toxic soil saga will be investigated after community uproar over the selected dumping sites.

Victoria’s watchdog will probe the environmental approvals process for sites given the green light to handle toxic soil from the West Gate Tunnel.

Ombudsman Deborah Glass on Tuesday announced she would investigate the Environment Protection Authority over its decision to approve three landfill sites to handle dirt that has delayed the project.

Major tunnelling has been delayed for nearly two years because contaminated soil that will be dug up with PFAS and asbestos cannot be stored under current guidelines.

Three landfill sites have, over the past 12 months, applied for planning and environmental approval before bidding for the work, with Hi Quality in Bulla building a facility for the toxic soil to be ready by the end of the year.

But the process was hit with a major setback in December when the EPA revealed it had incorrectly provided the sites with “provisional approval”, forcing them to scrap the process and start again.

Ms Glass said she would investigate the EPA’s decision-making throughout this entire period.

“I am concerned without the actions of the community groups, the deficiencies in the EPA’s decisions may not have been identified,” she said.

The West Gate Tunnel has been plagued by a toxic soil saga. Picture: Alex Coppel

“The community deserves to know if correct processes were followed when it came to deciding where tonnes of spoil could be disposed of, especially given the proximity to homes.

“I am aware of the strength of some community feeling in this matter and it is important I make clear that this investigation cannot stop the construction of the West Gate Tunnel.

“Nor can the Ombudsman make binding orders about where the spoil should go.”

The investigation is separate to a Supreme Court challenge made against planning approvals issued by the government.

The watchdog cannot investigate MPs except under special circumstances, which do not apply in this probe.

A spokeswoman said the state government was aware of the investigation.

“Environmental Management Plans are approved to protect human health and the environment from pollution and waste,” she said.

“As this investigation is now under way, it would be inappropriate to make any further comments at this time.’’

The West Gate Tunnel has blown out by at least $3.3bn over budget and its builders expect it could be over budget by as much as $5.2bn.

Transurban has warned there is no “reliable time frame” for completing the project — which was originally due for completion in 2022 — until it resolves an ongoing legal dispute with the builders about who picks up the bill, which they say should include the state government.

The company had expected tunnelling could begin late 2021 or early 2022 once Hi-Quality was ready to handle the spoil, but the Ombudsman’s investigation casts a cloud over the approvals needed to get the site up and running.