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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 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.

As part of DWERs ongoing commitment to consult with the community on new licence applications, DWER have decided to undertake a further period of stakeholder consultation, with a comment period of seven (7) days. The Department has limited the extra scope of this comment period to changes resulting from the works approval appeal determination. Any submission already received by the Department will be considered as part of the assessment and are not required to be resubmitted. The licence application has not changed since the original application.

The second period of public consultation on the licence application was advertised on the Department’s website and, in The West Australian and The Avon Valle Advocate newspapers in November 2018. The Department will consider all submissions received as part of the assessment of the application.

All community members who made a submission on the previous advertised licence application, as well as anyone else the CEO considers has a direct interest in the application were notified of the consultation in writing and invited to make any new submission, additional to those already received.

The licence application decision will be advertised on the DWER website and in The West Australian newspaper, and all stakeholders who made submissions as part of either community consultation period, will be notified of the Department’s decision in writing.

More Information

DWER will update this page as new information comes to hand.

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.

Updated 17 December 2018