NuGrow welcomes the Court’s decision to dismiss the State’s application for an interim restrain and the Court’s intervention to bring together the State and Council processes relating to upgrades at our Ipswich facility.

NuGrow has been working to incorporate best practice standards of operation which would result in reduced odour emissions for more than 18 months.

Regrettably, our efforts to upgrade and enclose our composting facility has been repeatedly delayed by contradictory and uncoordinated policy directions from the State and Council.  NuGrow is disappointed that the State continues to pursue costly litigation requiring in-vessel composting despite NuGrow’s continued efforts to do so. This incongruity was recognised by the Court in the recent decision dismissing the Department’s interim restraint application (at paragraph 24).

We have been particularly concerned by comments and social media posts by some close to the negotiations encouraging the view among local residents that NuGrow is solely responsible for unpleasant odours in the community, and recalcitrant in addressing them. This is demonstrably incorrect, as reflected in some of the comments below drawn from recent hearings.

Resolving this litigation will allow us to move swiftly to improve our facilities and play our part in improving environmental outcomes for people in the surrounding community.

References: Chief Executive of the Department of Environment & Science v Nugrow Ipswich Pty Ltd [2024] QPEC 8

Background Information

At the beginningof 2024, His Honour Judge Michael Williamson KC directed that all the matters related to NuGrow that have been running separately until now – four different matters that have had multiple different hearings – be brought together.

These matters included:-

  1. Department of Environment and Science’s Originating Application filed on 1st December 2023
    • Interim Restraint Order: The Department applied for restraint orders to stop NuGrow from accepting odorous waste until in-vessel infrastructure was built, and this application was dismissed by the Planning and Environment Court on 19 March 2024.
    • Final Relief seeking orders requiring in-vessel composting, with the hearing set down to commence 20th May 2024.
  2. NuGrow’s Transitional Environmental Program (TEP) Amendment Application Appeal lodged on 14th March 2023 – this matter is now on hold until DESI’s appeal on the dismissal of their strike out application is heard in the Court of Appeal.
  3. NuGrow’s Minor Change appeal against Ipswich City Council’s decision to refuse our development application lodged on 19th January 2023 which sought approval to construct and operate in-vessel composting infrastructure –this hearing is now set down commencing 27th May 2024.
  4. Ipswich City Council’s Originating Application against NuGrow lodged 10th November 2023 – Council granted permission to file further material it intends to rely upon.