Sydney waste company fights environmental guidelines preventing incinerators

By CHRISTINE LAI

Matraville residents have been angered by company The Next Generation (TNG) for challenging the Environmental Protection Authority (EPA) guidelines in its plan to build waste incinerators in Sydney.  

In late August this year, a controversial proposal for an incinerator to be built in Matraville was withdrawn after the introduction of new EPA guidelines which prohibited waste company Veolia from continuing with their plans.  

TNG recently contested the new EPA guidelines at the NSW Land and Environment Court on October 18. If their case is successful, the long contested Matraville incinerator could be back on the table. 

TNG, started by Ian Malouf who was behind Sydney waste management giant Dial a Dump, has contested the EPA regulations so that the company can legally process waste to generate electricity through incinerators. According to TNG’s website, the waste to thermal process is the “next untapped renewable energy source”. 

TNG previously filed a development application to build an incinerator in Eastern Creek, which was strongly opposed by residents in the area. The Independent Planning Commission denied the application in 2018, leading TNG to appeal to the Land and Environment Court in 2019.

The current legislation would allow TNG to obtain the development proposal for an incinerator, however the new Protection of the Environment Operations (General) Amendment (Thermal Energy from Waste) Regulation that came into effect on 8 July 2022 prevents them from going ahead with the project. 

This inconsistency has been used to form TNG’s argument that the regulations are invalid so that the company can go ahead with building incinerators. 

An independent report by journalist Wendy Bacon stated that TNG’s argument stipulated that the government had used “inappropriate use of power” in the way they were making the regulations and that the “regulation would be invalid because it would be ‘ultra vires’ of the PEO Act”.

Currently, no further hearing on the case has been set.

No More Incinerators group speaks out

Community Group No More Incinerators have been organising to stop proposals of incinerators being built in Sydney’s Eastern Suburbs, including the latest challenge by TNG. 

No More Incinerators Campaign Manager Chris Hanson described hearing the news of TNG as “not unexpected but very disappointing”.  

“TNG continues to try and find loopholes in the legislation to beat it and if that happens it would be a disaster for Sydney- an environmental disaster”, Hanson said.  

There is a map on the No More Incinerators page that shows how far the pollutants would spread under a waste incinerator plant which Hanson described as a permanent living situation if it came to fruition.  

Hanson attended the recent hearing at the Land and Environment Court and described TNG’s challenge to the EPA as one that was initiated on the basis that existing legislation regarding development applications and planning assessment conflicted with new thermal energy from waste regulations.   

Hanson asserted the need to dispel myths regarding the environmental benefits of incinerators, stating “There is no such thing as burning waste as part of a circular economy”.

“I just find it incredible that a company can be refused now three times and they still continue to employ barristers and a legal team, trying to overturn it”, Hanson said. 

Hanson also said that TNG is pushing the “myth” that burning waste is “recycling it”.

“You do not recycle anything by burning it very simply because once you burn it, it’s gone. You can’t ever use it again.  

It’s not valid to say oh we burn it, make heat, and therefore generate electricity and call it recycling. That is also rubbish”, Hanson said.  

Grassroots campaigning vital to drive a mobilised community

Hanson declared the importance of having a grassroots campaign that was driven by residents, where “putting the pressure on politicians” would ensure change.  

He spoke about the support No More Incinerators was giving to other groups like Western Sydney Direct Action who are also fighting against proposals for incinerators to be built in their local communities.  

“Our residents have written objections to TNG’s incinerator at Eastern Creek, I’m providing technical support in terms of expertise in management of retractable waste and my submissions were centred on that area”, Hanson said.  

Currently, NSW EPA regulations allows an incinerator to discharge up to 7.2kg of dust an hour, 24/7.  

Hanson asserted that there was a danger in the potential of incinerators being brought to Sydney.

“While dust is a problem, what is on dust is another issue too. Some material is so fine and can go into the bloodstream into your lungs then whatever is on that dust goes into your bloodstream. While levels are low, you’re suffering a chronic exposure.”  

The community campaign against the Matraville Incinerator is holding a celebratory picnic organised by Randwick City Council on November 5.