ANL: EPA & SYR Back to VCAT tomorrow re ANL

Update - February 2009
The Victorian Civil & Administrative Tribunal (VCAT) made interim orders in relation to the ANL case on 5th December 2008. The orders do not provide a final verdict on either the Council case (Council asked VCAT to revoke ANL's planning permit) or the EPA case (EPA submitted that ANL should not be given a licence).

After hearing the evidence arising from the case, which concluded on 1st December, VCAT made two orders:

1.Australian Native Landscapes Pty Ltd (ANL) is directed to prepare, file and serve on the other parties documentation detailing the further steps and arrangements it proposes to adopt in relation to the abatement of odour nuisances on and from its premises by 4pm on Friday 27 February 2009, such documentation to be accompanied by written statement of what has been done and/or what it proposes to do with such documentation in relation to an application under section 19D of the Environmental Protection Act 1970 and what other use it proposes to make of such documentation in relation to other steps or application it has undertaken or contemplates. If it does not propose to utilise s. 19D of the EP Act the written statement is to set out the reasons of ANL for not doing so.


2.A directions hearing in relation to these cases is fixed for 10am on Friday 13 March 2009.

The VCAT orders give ANL an opportunity to document the practical steps it proposes to take in order to stop emissions of odour beyond the boundary of their facility. EPA and the Shire of Yarra Ranges will have an opportunity to respond to the substance of these proposals subsequent to the directions hearing on 13 March 2009.