Hopley Recycling has failed in a bid to extend the time frame for the removal of waste materials from the former White Hills tip site until 2017.

The recycling business has 35,788 cubic metres of green waste, concrete and other materials stockpiled on the council land and has been ordered by the Victorian Civil and Administrative Tribunal to remove it by June 1.

Hopley sought to extend the deadline until June 17, 2017, but that extension was rejected by VCAT deputy president Mark Dwyer last week.

“I am simply not satisfied that Hopley has made out a case for an extension of time beyond the time it initially sought in the VCAT application,” he said.

Mr Dwyer said the council had “somewhat benevolently” accepted the extension to June, the initial date of compliance having been set for May 10, 2015.

“Given the continuing non-compliance and given that non-compliance is occurring on council land, I am willing to support the council’s apparent willingness to allow Hopley to remain on the council land until 1 June 2016, albeit unlawfully, to facilitate removal of the unlawful stockpiles of shredded material,” he said.

Hopley conducts a lawful recycling business on adjacent land and the deadline to end its occupation of the council controlled land may still be extended if the City of Greater Bendigo agrees in writing.

Mr Dwyer said even in the “worst case scenario” Hopley should be able leave the site by December.

“If Hopley makes real and substantial progress towards removing all material by 1 June 2016 but, for practical reasons acceptable to the council, is unable to quite achieve that, the council may be willing to allow a short extension to facilitate final compliance and a handover of the land back to the council, without the need for the parties to return to VCAT,” he said.

Hopley Recycling owner Ken Hopley confirmed the company had received the enforcement order on January 28.

“Hopley remains in dispute over a number of allegations that have been made publicly by officers at the CoGB” he said.

“These matters are in discussion with the CEO, the mayor and councillors of the CoGB.

“As a result of this and out of professional courtesy, Hopley will not make further comment.”