OPAL VALE PTY LTD and SHIRE OF TOODYAY

Opal Vale Pty Ltd applied for a development approval to establish a landfill facility within an existing clay quarry, which is located in the Shire of Toodyay. The Shire opposed the application, citing concerns about the impact on tourism and the environment. The case was heard by the Planning and Environment Tribunal of Western Australia. The central legal issues in the case were whether the proposed landfill facility should be approved under the existing Local Planning Scheme, whether the approval should be subject to deferred commencement, and whether it should be personal to the applicant. Additionally, the court had to determine appropriate environmental conditions to regulate the facility.

The Tribunal considered the arguments from both parties and concluded that the proposed landfill facility should be approved under the existing Local Planning Scheme, subject to certain conditions. The Tribunal granted a deferred commencement approval, which would take effect from the date the Department of Environment and Conservation issues a future 'works approval'. The Tribunal also decided that the approval should be personal to the applicant, Opal Vale Pty Ltd. The court found that the proposed conditions of operation for the landfill facility, which included operating from Monday to Saturday (excluding public holidays) from 7 am to 6 pm, should be retained. The Tribunal determined that the respondent's arguments about the negative impact on tourism were not substantiated by any material evidence, and thus, the proposed operating hours should remain unchanged. Furthermore, the Tribunal ruled that a bank guarantee should be provided by the applicant to ensure the satisfactory completion of the rehabilitation of the site.

The Tribunal's final orders included granting conditional approval for the landfill facility under the existing Local Planning Scheme, with deferred commencement pending a future 'works approval' from the Department of Environment and Conservation. The approval was personal to Opal Vale Pty Ltd, and the Tribunal imposed several environmental conditions to regulate the facility, including the proposed operating hours and the requirement for a bank guarantee to ensure the satisfactory completion of site rehabilitation.