Ipswich City Council issues show cause notice to NuGrow for alleged unapproved works

The Ipswich company is already taking the state government to court after it was ordered to stop accepting liquid waste at its facility until ‘appropriate’ infrastructure was in place to manage it.

Ipswich Mayor Tereas Harding and NuGrow founder Roy Wilson.

IPSWICH City Council has issued a local waste company with a show cause notice, alleging it has carried out works and constructed buildings at its treatment and recycling facility without approval.

NuGrow could face a fine of up to $3 million if it doesn’t clean up its alleged wrongdoing outlined by the council in the document, which was sent on June 17 by acting development planning manager Anthony Bowles.

“Ipswich City Council, reasonably believes that you have committed or are committing development offences against the Planning Act 2016, and is considering giving an enforcement notice for the offences,” the letter read.

NuGrow founder Roy Wilson at his Swanbank waste facility.

The council says NuGrow has unlawfully increased the “intensity” and “scale” of its compost and soil conditioner manufacturing on the Swanbank site since a Special Industry Development Permit was first granted in 2016.

The council also alleges the company has unlawfully contravened a development approval.

“Between January 2020 and the date of this notice, you have carried out development, and are continuing to carry out development, including building work and operational works on the premises,” the notice noted.

This includes new buildings and structures and earthworks.

“The locations and areas used are not strictly limited to the locations and areas as identified on the approved plans,” the notice said.

“Stormwater run-off management must be provided generally in accordance with the WRM Water and Environment, NuGrow Stormwater Management Plan dated 26 April 2017.

“The development is not generally in accordance with the WRM Water and Environment, NuGrow Stormwater Management Plan.

“The (required) 30 metre wide landscaped buffer within the “30m Buffer Zone” has not been established, maintained and certified.

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“The council believes that you have unlawfully carried out, and are unlawfully carrying out, assessable development on the premises, in the form of building work and operational work, without having all necessary development permits for the development.”

A response from the company was due on July 23.

“After considering all representations made by you about this show cause notice … the council may give you an enforcement notice pursuant to section 168 of the Planning Act 2016 if it still considers it is appropriate to do so,” the notice stated.

The council states if an enforcement notice is handed down, it would require NuGrow to “refrain from committing a development offence” and “remedy the effect of a development offence”.

“Failure to comply with an enforcement notice attracts a maximum penalty under section 168 of the Planning Act 2016 of 4,500 penalty units (which equates to $600,525.00 for an individual or $3,002,625.00 for a corporation),” the notice noted.

Ipswich Mayor Teresa Harding.

NuGrow Chief Strategy Officer Peter Thompson said it would not be appropriate for the company to comment at this stage as it was an ongoing legal matter.

Ipswich Mayor Teresa Harding said the city takes in 42 per cent of Queensland’s waste through privately owned and operated landfills.

NuGrow is already taking the state government to court after it was ordered to stop accepting liquid waste at its Swanbank facility until “appropriate” infrastructure was in place to manage it.

“The new Ipswich City Council is committed to taking action on behalf of its residents who otherwise feel powerless against these private waste companies,” Cr Harding said.

“In particular, council’s Waste and Circular Economy Transformation Directive is aimed at driving industry best practice and promoting a strong compliance culture.

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“In December 2020, council commenced legal action to address issues at the NuGrow facility in Swanbank following an initial investigation.

“The primary objective of this action was to address the lack of appropriate stormwater management evident at the Swanbank facility, and to protect the community and the environment from a possible release during the upcoming wet season.

“Based on council’s action, an order was issued by the Planning and Environment Court on 15 December.

“From then, several storm events took place which exacerbated the situation council was seeking to resolve.

“This resulted in an escalation of action by the Department of Environment and Science.”

The department issued an Environmental Protection Order to NuGrow on April 1, which was then reviewed and reissued on May 13.

NuGrow’s issue with this EPO has led to the most recent court battle with the state government.

“As DES is the lead compliance agency for stormwater contamination of this nature, council welcomes strong action from the state and will liaise closely with our joint waste taskforce to ensure this matter is dealt with effectively,” Cr Harding said.

“Beyond the state’s action against NuGrow, council has also identified a range of issues related to works being undertaken on site that do not appear to have the necessary land use approvals.

“The most recent show cause notice … refers to these actions.

“The next steps in this process depend on how NuGrow chooses to respond to the show cause notice.”

Read more stories by Lachlan McIvor here.

Originally published as Ipswich City Council issues show cause notice to NuGrow for alleged unapproved works