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Background

Hazelland Pty Ltd (Hazelland) owns a former landfill site at Lot 20 Adelaide Street in Hazelmere (Lot 20), which has been classified as contaminated - remediation required under the Contaminated Sites Act 2003 (CS Act) since 2010. In accordance with its classification, Lot 20 is required to be remediated. There are many different methods of remediation, which can include containing and restricting access (for example, capping) to the substance causing the contamination.

On behalf of Hazelland, Wasterock Pty Ltd (Wasterock) proposed to remediate the site by excavating the landfill material, screening and sorting it, before covering the landfill with an engineered barrier layer and capping it. Following remediation, the site was proposed for commercial/industrial development.

The proposal was referred to the Environmental Protection Authority (EPA) in 2013. In 2015, the EPA determined that although the proposal raised a number of environmental issues, these issues could be adequately regulated and managed through the CS Act and the works approval and licensing process of the Environmental Protection Act 1986 (EP Act).

The Minister for Environment received three appeals against the decision of the EPA not to assess the proposal, which were investigated by the Appeals Convenor.

In May 2017, Wasterock advised the Appeals Convenor that the proposal the subject of appeal would not be implemented, and that it had withdrawn its applications for a works approval and licence under Part V of the EP Act. Wasterock also advised that a new proposal to remediate the site would be implemented without triggering the requirement for a works approval or licence under the EP Act.

In July 2017, the Minister wrote to the EPA and requested it consider whether or not the proposal should be subject to a formal impact assessment. The Minister also advised the appellants that he would place the appeals on the original proposal in abeyance until the status of the new proposal was clarified.

Hazard Abatement Notice – Contaminated Sites Act 2003

On 9 December 2016, the Department of Water and Environmental Regulation (DWER) issued a Hazard Abatement Notice (HAN) to Hazelland.

This notice required Hazelland to construct firebreaks, build and maintain secure permanent fencing, gates and warning signs at the site.

On 6 February 2017, DWER amended the HAN to provide Hazelland with more time to complete the fencing, due to the need for earthworks to be carried out and access to resources to undertake those works.
Fencing, excluding the site's boundary with Lot 501 Adelaide Street, was completed by 7 February 2017—as required by the amended HAN. Firebreaks have also been installed at the site.

What is happening now?

New proposal to remediate and develop the site

The Chairman of the Environmental Protection Authority (EPA) has determined to assess a proposal from Wasterock and Hazelland to remediate the historical landfill at Lot 20 Adelaide Street Hazelmere for future commercial use.

The new proposal would involve recontouring the existing site and capping it with clean fill.

The EPA decision said detailed assessment was required to determine the extent of the proposal’s direct and indirect impacts and how the environmental issues would be managed.

DWER has amended the Hazard Abatement Notice to require Hazelland to seek DWER’s prior approval before carrying out soil-disturbing works on the site. The amendment is intended to apply while the EPA considers the new remediation proposal.

In addition, DWER has advised Hazelland in writing that, under the Contaminated Sites Act 2003, the company will require a new Remedial Action Plan (RAP) to evaluate remedial options, specify how the remediation will be carried out (from start to finish) and how it will be validated. The RAP is also to document the measures that will be used to protect public and worker health and safety, the environment and aesthetic considerations.

Hazelland will also need to engage an accredited contaminated sites auditor to review the RAP, before it is submitted to DWER and the Department of Health.

Licence application withdrawal

On 20 February 2017 Wasterock Pty Ltd (Wasterock) submitted a licence application to DWER seeking approval to operate a solid waste depot within Lot 20.

Wasterock withdrew this licence application on 9 May 2017.

Works Approval application withdrawal

Wasterock withdrew its Works Approval application W4915/2015/1 which related to proposed remediation activities at Lot 20, on 5 May 2017.

DWER will continue to regulate Lot 20 under the Contaminated Sites Act 2003.

Prosecution of Hazelland – Hazard Abatement Notice

As a result of an investigation into compliance with the HAN, DWER has commenced a prosecution against Hazelland and one of its Directors for failing to comply with the notice. The matter is currently before the Midland Magistrates Court.

The Department continues to monitor compliance with the HAN.

 

More Information

DWER will continue to work with all stakeholders and the community to ensure that any risks at the site are managed appropriately, with new information made available on this page.

Dust complaints, which are best lodged at the time they are being experienced, can be made to DWER’s 24-hour Pollution Watch Hotline on 1300 784 782 or you can submit a report online.

Alternatively, contact DWER for more information by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.

DWER also regulates other premises in Adelaide Street Hazelmere, including the WA Recycling facility which has a Community Update page here.


 Updated 26 February 2019

On 6 February 2017, DER amended the HAN [WS1] to provide Hazelland with more time to complete the fencing, due to the need for earthworks to be carried out and access to resources to undertake the works.[WS2] 


 [WS1]LINK TO THE AMENDED

 [WS2]I’ve re-inserted this as this is a DG inclusion