By ALESHA CAPONE
HOBSONS Bay City Council has lost almost all its legal power to fight a controversial proposal to use ozone-depleting chemicals in Spotswood, less than 250 metres from residential homes.
In July this year more than 200 residents gathered in Newport to protest against a planning application lodged by Container Fumigation Services (CFS) to operate at 407 Douglas Parade.
CFS want to use the chemical methyl bromide – which is banned in many countries – at the site, just 235m away from homes and 500m from a kindergarten.
If humans are exposed to high levels of methyl bromide they can develop central nervous system or respiratory system failure.
More than 350 objections have been lodged against the CFS proposal.
CFS originally applied to Hobsons Bay City Council for a planning permit because the municipality’s planning scheme requires permission for ‘biocide production and storage’ to take place within 1000 metres of residential areas.
However at last Tuesday’s council meeting it was revealed CFS do not require council permission before using methyl bromide.
The Environment Protection Authority has advised the council that the 1000m threshold distance does not apply for the CFS application.
This means CFS now only requires a council permit for a reduction in the statutory car parking rate.
Instead the council will write to the federal and state governments seeking “immediate support” to ban the use of methyl bromide in container fumigation practices.
“We think that they should be required to get a permit but we’ve had legal advice that suggests that under that definition we would not have much of a case,” Councillor Peter Hemphill said.
“Unfortunately a lot of people are going to be quite upset that it appears they can just go ahead without a permit. “
Greens MP Colleen Hartland said she would continue to fight the CFS proposal.
“Being located so close to residents, this methyl bromide fumigation proposal poses risks to the environment and to community health and safety in Newport,” she said.
“I will be exploring avenues available to prevent this fumigation proposal with both the Department of Health and the EPA, as well as continual support for the community campaign.”
