Herbert St resident Neil Bower shared this photo of what he says is bothersome dust pollution at the Grainx facility on the Southern Downs Residents Action Group Facebook page.
Herbert St resident Neil Bower shared this photo of what he says is bothersome dust pollution at the Grainx facility on the Southern Downs Residents Action Group Facebook page. Neil Bower

SDRC takes on Grainx

SOUTHERN Downs Regional Council will take legal action against a major agricultural operator in the region.

Councillors moved to begin proceedings in the Planning and Environment Court against the Grainx storage and handling facility for offences under the Environmental Protection Act and the Planning Act.

The motion was passed by Yve Stocks and seconded by Sheryl Windle.

Cameron Gow left the room for the decision due to a conflict of interest as a member of Stanthorpe Agricultural Society.

Mayor Tracy Dobie said the move followed investigations into dust and noise pollution at the Allora facility in February.

"This is a matter of letting the legal action progress,” Cr Dobie said.

"I can't foresee what the outcome will be.

"The council is certainly looking at resolving issues that have been raised.”

Cr Dobie said she could not comment about how long the hearing would take.

A spokeswoman for the SDRC said the council does not make any commentary on legal proceedings, and did not respond to questions about what the specific offences were or how many were made by Grainx.

Residents on Herbert and South Sts have long been campaigning to bring an end to "dust and noise pollution”.

Herbert St resident Neil Bower said he was concerned court proceedings could be a drawn-out process.

"I would like to let SDRC take this legal action to its conclusion but I am afraid it will not happen in my lifetime,” Mr Bower said.

Under the Environment Protection Act 1994, the maximum penalty for wilfully contravening a noise standard or causing an "environmental nuisance”, such as dust pollution, is 1665 penalty units.

For the 2017-18 financial year this translates to a fine of $210,039.75 for each offence.

If the court determines a contravention is not wilfully caused, that amount is reduced to $75,690.



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