The City of Greater Bendigo says it is “satisfied” with the progress being made by Hopley Recycling to remove “unlawfully stockpiled” materials from Crown land in White Hills.
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The company was ordered to vacate the council-leased land by June 1 last year after it failed in a bid to extend a deadline imposed by the Victorian Civil and Administrative Tribunal last February.
City of Greater Bendigo chief executive officer Craig Niemann also confirmed Hopley was “honouring a commitment” to repay $38,000 in costs incurred by the city during the VCAT process as ordered by the tribunal in April 2016.
“Hopley Recycling is currently vacating the site and the city is satisfied with the progress the company is making,” he said.
“The city is currently working with the EPA to determine details of the rehabilitation plan. When these details have been confirmed, rehabilitation works will commence.”
Business owner Ken Hopley said the money had already been paid and all materials removed from the site, saying the issue was “all sorted” and “under control”.
“There’s no material on the site, we’ve got it all in hand with the council at the moment so there’s no issue at all,” he said.
The council initially sought $44,949 in legal fees from Hopley, but Mr Niemann said the city was comfortable with VCAT’s ruling.
Mr Hopley had applied to extend the deadline to vacate the site until June 17 this year, but that proposal was rejected by VCAT deputy president Mark Dwyer at the February 2016 hearing.
“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.
Mr Dwyer said even in the “worst case scenario” Hopley should be able to remove the material from the site by December last year.
Jason Walls
Bendigo born and bred, interested in business malpractice, crime, social justice and corruption in all its forms. Got a tip? 5434 4476
Bendigo born and bred, interested in business malpractice, crime, social justice and corruption in all its forms. Got a tip? 5434 4476
