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Background

In August 2017, The Department of Water and Environmental Regulation (DWER) received a licence application from Opalvale Pty Ltd (Opalvale) for a licence to operate a Class II landfill at Hoddy’s Well (768 Chitty Road). DWER verified that the licence application was complete and commenced a risk-based assessment of licence application L9089/2017/1 in accordance with the Department’s Regulatory Framework. Public consultation on the licence application closed Monday 2 October 2017. The Department will consider all submissions received during public consultation as part of the assessment of the application.

Cell 1 of the landfill was constructed under works approval W5800/2015/1 (issued on 27 August 2015). Following the submission of an amendment application, by Opalvale, to address compliance matters relating to the construction of Cell 1 of the landfill, Amendment Notice 1 to the works approval was issued by the Department on 17 August 2017. On 8 September 2017, five (5) appeals against the amendment to works approval W5800/2015/1 were lodged with the Minister for Environment (Appeal Number 023/17.001-005). On 8 January 2018, the assessment of the licence application was placed on hold pending the outcome of the appeal.

The Minister reached a decision to allow the appeals, in part, on 8 September 2018. The Minister’s appeal determination can be found on the Office of the Appeals Convenor website at: www.appealsconvenor.wa.gov.au

Following the Minister’s determination, Amendment Notice 2 was made to works approval W5800/2015/1 to give effect to the Minister’s decision. Under section 105 of the Environmental Protection Act 1986, amendments to a licence made following an appeal determination by the Minister cannot be appealed.

 

* The former Department of Environment Regulation amalgamated on 1 July 2017 with the Department of Water and the Office of the Environmental Protection Authority, forming the Department of Water and Environmental Regulation. 

What is Happening Now?

Following the Minister’s decision on the appeal to the amendment of works approval W5800/2015/1, DWER has recommenced the risk-based assessment of the licence application L9089/2017/1.

Following the completion of the assessment, DWER have granted a licence L9089/2017/1 for the operation of Cell 1 of the Salt Valley Road Landfill on 5 February 2019. The licence is subject to conditions. A copy of the granted licence and decision report has been published on DWER’s website and can be viewed here.

DWER have notified all direct interest stakeholders of the decision, and a public notice was published in The West Australian and The Avon Valley Advocate newspapers in the week commencing 11 February 2019.

Under section 102(3)(b) of the Environmental Protection Act 1986, third parties aggrieved by any condition of the licence were invited to lodge an appeal direct to the Appeals Convenor within 21 days of the applicant being notified of the amendment. The appeal period closed on 28 February 2019 and submissions are currently being determined by the Appeals Convenor on behalf of the Minister for Environment.

For more information on the appeal process, please contact the Office of the Appeals Convenor on 08 6364 7990 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

More Information

DWER will update this page as new information becomes available.

If you have any queries related to the licence application, please send them to This email address is being protected from spambots. You need JavaScript enabled to view it. quoting the licence number (L9089/2017/1) and the Applicant Name (Opalvale) in the subject line.

Updated 17 December 2018