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Background

In August 2017, the Department of Water and Environmental Regulation (DWER) received an application from Opalvale Pty Ltd (Opalvale) for a licence to operate a Class II landfill at Hoddy’s Well (768 Chitty Road). DWER commenced a risk-based assessment of licence application L9089/2017/1.

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 DWER 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. Amendment Notice 2 was made to works approval W5800/2015/1 to give effect to the Minister’s decision.

Following the Minister’s decision on the appeal against works approval W5800/2015/1, DWER recommenced the risk-based assessment of the licence application L9089/2017/1 and granted licence L9089/2017/1 for the operation of Cell 1 of the Salt Valley Road Landfill on 5 February 2019.

Under section 102(3)(b) of the Environmental Protection Act 1986 (EP Act), 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 in this period three (3) appeals were received objecting to conditions of the licence (Appeal Number 010/19).

What is Happening Now?

On 3 January 2020 the Minister made a decision to allow the appeals in part, requesting that conditions of the licence be amended in relation to vermin and pests, rehabilitation and fire management.

The Minister’s appeal determination can be found on the Office of the Appeals Convenor website at: www.appealsconvenor.wa.gov.au

DWER has initiated an amendment to Licence L9089/2017/1 to give effect to the Minister’s decision.

Under section 105 of the EP Act, amendments to a licence made following an appeal determination by the Minister cannot be appealed.

Once DWER has issued the amended licence it will be uploaded on the department’s website.

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 February 2020 

In August 2017, the Department of Water and Environmental Regulation (DWER) received an application from Opalvale Pty Ltd (Opalvale) for a licence to operate a Class II landfill at Hoddy’s Well (768 Chitty Road). DWER commenced a risk-based assessment of licence application L9089/2017/1.