DESI has secured a landmark outcome that will see NuGrow Ipswich Pty Ltd reduce nuisance odours from its facility, including through best practice enclosed/in-vessel composting systems.
Today the Planning and Environment Court granted DESI's restraint order, which requires NuGrow to undertake a three-stage process to overhaul its operations and reduce odours.
If NuGrow fails to meet the clear timeframes for each phase of upgrading its facility, it will immediately forfeit its ability to receive and process odorous waste.
The recently introduced stronger composting regulations helped pave the way for this outcome, by setting the standard for operators who receive and process odorous waste within 4km of residential areas.
This is a win for the Ipswich community, particularly those surrounding the Swanbank Industrial Area, who have long suffered from persistent nuisance odours emanating from local composting facilities.
Today's Court ruling was secured by DESI – Queensland's environmental regulator – following lengthy legal proceedings that commenced in December 2023 which ultimately resulted in NuGrow consenting to DESI's restraint order, as well as agreeing to a range of amendments to its environmental authority (EA).
Stage 1 requires NuGrow, to implement a suite of interim measures within one month of today, to minimise odours produced through its operations.
These include routine dosing of the liquid waste tank with ferric chloride and hydrated lime to help to neutralise odours, and aerating and monitoring windrows to better control the composting conditions.
Following a separate Court order earlier this year, a limited trial of these measures was rolled out on site, delivering positive results in reducing odour. They will now be implemented in full until further odour-reducing site enhancements are operational.
In addition, within one month, NuGrow must have applied to Ipswich City Council for all necessary approvals to construct stage 2 – a temporary engineered membrane system for composting odorous feedstocks, which will help to further contain odours.
For NuGrow to continue receiving odorous waste, the stage 2 temporary engineered membrane system must be built and operational within 12 months of the application being approved by Council, and no longer than two years from today.
These interim measures (stage 1 and 2) are designed to provide the Ipswich community with the fastest possible relief from nuisance odours originating at NuGrow's Swanbank site, while permanent infrastructure is being built (stage 3).
Within six months of today, NuGrow must have also applied to Council for all necessary approvals to construct stage 3 – a permanent enclosed structure for receiving and mixing waste, and either an enclosed or in-vessel system for composting odorous waste, all of which must be built and fully operational within 21 months of that application being approved by council, and no later than four years from today.
If NuGrow fails to meet the timeframes regarding the stage 3 permanent structures, it will forfeit its ability to receive and process odorous waste until the structures are constructed and operational.
Any non-compliance with the restraint order makes NuGrow liable to court proceedings to compel it to obey, and punishment for contempt of Court.
Updating NuGrow's EA will ensure its licence is aligned with the standards set out in the recently-introduced stronger composting regulations, which means DESI can also consider enforcement action if NuGrow fails to comply with its EA.
Community members are invited to an additional community drop-in session this Thursday 19 September from 5.30–6.30pm, at Minka Place, Ripley (located at Minka Place, 20 Main St, Ripley), to discuss any questions they may have.
Quotes attributable to DESI Executive Director Industry Development and South East Compliance, Brad Wirth:
"This is a step in the right direction, but we acknowledge the long road it has taken to get to this point, and the ongoing impacts being experienced by residents," he said.
"It's frankly not good enough that we must take these kinds of extreme measures to force industry to act in line with the community's expectation.
"The stronger composting regulations that were introduced last month gave us the extra ammunition we needed to be able to secure this outcome, putting an end to months of litigation which had no guarantee of delivering this same level of benefit to community, or within these same timeframes, had it gone to a full hearing in the Court.
"This is good progress but we aren't done yet, and we will continue to pursue opportunities to improve the Ipswich community's experience with local waste operators."
