The Land and Environment Court will hear Pasminco’s appeal against the NSW minister for planning’s deemed refusal to modify development conditions at Boolaroo after a conciliation conference this week broke down without an agreement.
The court will hear the matter from August 6 to 8 after Pasminco Cockle Creek Smelter, the company set up by administrator Ferrier Hodgson after the lead smelter went out of business in 2001, applied to the Department of Planning and Environment in January to modify conditions relating to funding ongoing maintenance of a toxic containment cell on the site.
It is understood its application would also reduce future water, air and noise monitoring and environmental management and remove a requirement to maintain up-to-date information on the project’s website.
Pasminco’s application says it cannot afford to pay for future monitoring until it sells part of the land to IKEA, possibly late next year.
The company’s application says it will earn an estimated $57.7 million in land sales at Boolaroo, including $22 million from IKEA and $11.5 million from Costco.
Pasminco launched legal proceedings in May over the minister’s deemed refusal of its application, asking the court to approve the modifications to its 2007 development consent for the site.
“The department and administrator were unable to resolve the issues in dispute and the s34 conference was terminated,” the department told the Herald after a conciliation meeting on Wednesday.
The Herald reported on Thursday that the department had proposed a new site-specific clause in planning laws which would effectively force the company to pay for ongoing maintenance and monitoring.
The department and administrator were unable to resolve the issues in dispute and the conference was terminated.
“The proposed SEPP amendment will ensure before the site is further subdivided and developed for residential, commercial and industrial purposes there are adequate arrangements in place for the perpetual care of the cell,” it said.
The Herald also reported this week that Green Capital Group, the developer behind a planned 750-lot housing estate on part of the site, had taken Pasminco to court alleging the company had not complied with conditions of a land sale by an agreed date.