Related coverage:
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
THE City of Greater Bendigo has withdrawn court action against Ken Hopley and his industrial recycling business, Hopley Recycling, over its use of the former White Hills tip site.
The council pressed charges on May 10, stating Mr Hopley allegedly failed to comply with a planning tribunal order from 2014 to clear the White Hills tip of recycled material by February.
But in a brief hearing in the Bendigo Magistrates’ Court on Tuesday, the council’s compliance officer Ray Chalkey said they would be withdrawing the charges.
No reasons were offered in court, but in a statement, council planning and development director Prue Mansfield said they were satisfied with Mr Hopley’s commitment to clear the site.
“There was a compulsory conference at VCAT yesterday, where for the first time, Mr Hopley gave a significant commitment, including making investments and using resources, to removing material from the former White Hills tip site,” she said.
“Because of this and the city wanting Mr Hopley’s resources directed at solving the problem and not paying fines, and his agreement to cover our legal costs, we have withdrawn from the action in the Magistrates’ Court.”
Despite the outcome of Tuesday’s proceedings in the Bendigo Magistrates’ Court, Mr Hopley still has to meet some agreed conditions before the charges will be completely withdrawn, a spokesperson for the City of Greater Bendigo said.
Hopley Recycling owner Ken Hopley also released a statement after the initial hearing last month, when he announced his intention to contest the charges.
The statement outlined his confusion at council’s decision to press charges.
“We have been working with council to reach agreement on removal of the material from the land in an orderly manner,” Mr Hopley said.
“We applied for a temporary permit to enable such an orderly removal and this was eventually refused by council.
“Council’s actions in relation to this prosecution are not consistent with assisting Hopley to continue to operate and continue to remove material from the land.”
He said the charges stemmed from council allegedly not recognising an amendment from the EPA, which extended the clean-up time until June this year.
VCAT was still considering the amendment.
The EPA granted the amendment after Hopley Recycling reported vandalism to its machinery and “other unforeseen problems”.
“Despite council being aware of the amendment request and the extended clean-up notice, it still chose to proceed to prosecute for breach of the tribunal’s order,” Mr Hopley said.
A lawyer acting on behalf of Mr Hopley refused to comment on council’s decision to withdraw charges on Tuesday.