Hopley Recycling has put forward an application to VCAT for temporary use of the former landfill site, which the city claims it has been illegally occupying for years. 

A motion put forward by Councillor James Williams to oppose the application while continuing to offer assistance to Hopley’s to find an alternative site was passed.

Councillors Helen Leach, Elise Chapman and Peter Cox did not support the motion.

Cr Williams said he was seeking a “show of faith” from the business’ owner Ken Hopley to honour his agreement to leave the site for testing to be undertaken.

“This is not about Mr Hopley and his business, this is about the tip site. It’s about the environmental law and its about the need to protect our citizens and also this council for future risk,” he said.

VCAT gave Hopley Recycling until May 10 this year to remove all material from the former White Hills tip site on Powells Road, but the company missed the deadline.

Cr Williams said council needed to determine whether the site was safe for use. 

Cr Barry Lyons said council had a obligation to ensure the safety of potential site users as well as to shield itself from the possibility of future litigation should problems arise.  

Cr Elise Chapman opposed the motion and said council had failed in its responsibility to rehabilitate the land and determine what risks existed in using the site.

She said council was granted lease of the crown land in 2001 for that purpose. 

“We have had 14 years to find out. That is just totally unacceptable,” she said.

“It’s absolutely outrageous and despicable that we would turn around and say you can’t be there because we don’t know if it’s safe.”

Cr Chapman said opposing Hopley’s application would contravene council’s goal to “foster business and industry”.

“If council really does want to foster business and industry, why does it want to destroy Hopley recycling?” she asked.

“We’ve had 15 years to act. Businesses and lives are going to be ruined.”

Cr Chapman said removing Hopley Recycling from the site was “unlawful and wrong”.

She encouraged VCAT to “take this council to task”.

Cr Rod Campbell said the issue was a complex one but ultimately council needed to be assured the site was safe.

“We can’t [sublease the site] until we’re sufficiently satisfied the land is safe. It’s a risk mitigation factor,” he said.

“I understand that of course Mr Hopley does good work in alleviating the burden on our Eaglehawk facility by virtue of his recycling facility, but the reality is he’s occupying the land illegally.”

The matter is scheduled to be heard by VCAT in October.