Tag: health act

Maroondah Journal: 'Get tough' on noise breach

Posted on by alex

Alongside the redevelopment of Ringwood Station, the relocation of North Ringwood Community House and the need for greater sustainability and accessibility, is the issue of ongoing noise violations that spoils the amenity of residents along and near Heatherdale Road.

The Maroondah Journal has reported on the ongoing action against CMA Recycling (Victoria) over amenity and noise violations. Maroondah has applied for an enforcement order at VCAT to comply with council’s planning scheme and the EPA has confirmed that CMA is in breach of acceptable noise limits.

Incumbent councillor Alex Makin said he had put pressure on CMA with two successful prosecutions under the Health Act and making the EPA aware of the issues. “I certainly agree that the council needs greater powers to enforce compliance of CMA so I will be pushing the council to change the planning definition of CMA’s activities so we can enforce conditions on the site.”

While the article quoted a number of other candidates, all of whom wanted greater powers but failed to state how they would address the problems experienced by Heatherdale residents.

Over the past three years I been have making a difference for the Heatherdale community through the two successful prosecutions against amenity breaching and further action to hold rogue operators accountable for their actions.

First Heatherdale Community Action Group meeting for 2008

Posted on by alex

Tonight I attended the first Heatherdale Community Action Group meeting for 2008. The action group represents the residents and businesses along Heatherdale Road, a community which is split between the two municipalities of Maroondah and Whitehorse.

The guest speaker for tonight’s meeting was Matthew Guy, the Shadow Minister for Planning. Matthew listened intently to the concerns of the community particularly in regard to the deficiencies that currently exist under State legislation. In particular there is a need to strengthen the Environmental Protection Authority, so that they act upon the noise, dust and amenity complaints that are being received.

The EPA has wider scope to investigate these matters than local councils. While Maroondah has sought two successful prosecutions in regard to noise issues, the EPA is able to investigate these matters and seek genuinely punitive measures. Unfortunately the current Helath Act prevents councils from fining a company more than a $1000 a day for matters that are declared a nuisance. The EPA does not have such limitations and must finally take an interest in this matter. It is unfortunate that when the EPA did act, it awarded Manningham Council the fines that were successfully levied against Southern Rocycling, despite the fact that Maroondah City Council had attempted to work closely with the EPA in regard to these amenity issues.

Planning scheme definitions were also discussed, since this is a matter that directly affects Heatherdale Road. Currently a waste transfer facility does not require a permit within an industrial zone and this hampers the enforcement of effective hours of operation. This is in contrast to a recycling facility, which does require a permit and hence allows councils to impose suitable conditions on these operations. The State planning scheme definitions must be reviewed so that councils are able to protect the amenity of the local community.

The State Government has stated it will review both the Health Act and the defintions defined in the Planning and Environment Act. Unfortunately both initiatives seem to have stalled, Matthew Guy as the Shadow Minister for Planning can assist in ensuring that the State Government honours this commitment.

Maroondah Journal: Recycling plant on notice for breach of public health

Posted on by alex

The Maroondah Journal has reported on the successful prosecution of Southern Rocycling brought forward by Maroondah City Council

Southern Rocycling, which due to excessive noise volumes was found to have breached the Health Act, was placed on an 18 month good behaviour bond as well as being ordered to pay $3000 to the Salvation Army’s EastCare Network and costs of $7978 to Maroondah City Council.

Cr Alex Makin said it was a win for the community.

“The 18-month bond will determine whether CMA is sincere in rebuilding the relationship with the community and council, and provide piece of mind for the community.”

CMA Corporation which purchased Southern Rocycling in July, must demonstrate that it is willing to cooperate with the community and will address resident concerns.

“The council has had two successful convictions against Southern Rocycling now.”

The two successful prosecutions has demonstrated that residents are rightfully concerned about their local amenity and the excessive noise volumes caused by the operations of Southern Rocycling.

It is hoped that CMA Corporation, as the new owners of Southern Rocycling, will work to establish goodwill with the community.

Southern Rocycling at Ringwood Magistrates' Court

Posted on by alex

Universal Metals Pty Ltd (trading as Southern Rocycling) fronted the Ringwood Magistrates’ Court today in relation to causing a nuisance contrary to section 42a of the Health Act.

The charge specifically related to an instance caused on the morning on the 12th of October 2006, where Maroondah City Council officers observed noise due to the operations of Southern Rocycling.

Southern Rocycling pleaded guilty to the charge and the Magistrate sentence the company to the following:

  • Bond of good behaviour for 18 months (which remains in effect until 15th of April 2009);
  • Payment of $7,978 of costs associated with the hearing;
  • Donation of $3000 to the Salvation Army’s EastCare Network;

This result marks the second successful prosecution of Southern Rocycling by Maroondah City Council and this clearly demonstrates that residents have had legitimate concerns in regard to the noise caused by the company.

Furthermore this verdict will test whether CMA Corporation (as the new owners of Southern Rocycling) is sincere in forming a constructive relationship with residents and council. As stated by the Magistrate, residents should expect a peaceful night’s sleep and it is imperative that CMA Corporation addresses these concerns.

If any residents encounter any further issues with Southern Rocycling please contact me on 0408 311 645 or email alex.makin@maroondah.vic.gov.au.

Ongoing noise issues with Southern Rocycling

Posted on by alex

I have become aware that Southern Rocycling has been operating at an excessive noise volume over Friday night. I would like to thank residents who have contacted me and I have forwarded these issues through Council.

Maroondah Council is seeking a prosecution against Southern Rocycling for noise issues and this action will be heard at the Ringwood Magistrates’ Court on Tuesday the 16th October.

If you are experiencing noise issues, please contact me on 0408 311 645 or via email alex.makin@maroondah.vic.gov.au so that I can forward you a logsheet that can document when the noise is occurring.

Maroondah Journal: Recycling company bought by industry giant

Posted on by alex

The Maroondah Journal has reported on the recent acquisition of Southern Rocycling by CMA Corporation, a publicly listed company initially based in Western Australia.

Cr Alex Makin said he hoped CMA would be approachable in address resident and council concerns.

Maroondah Council is still pursuing the noise issues relating to Southern Rocycling, with the matter to be heard before the Magistrates’ Court on the 23rd of August.

It is hoped that CMA Corporation will resolve these ongoing and substantiated concerns trhough being approachable and willing to meet both Council and the Heatherdale Community.

Heatherdale Community Action Group – first meeting for 2007

Posted on by alex

The Heatherdale Community Action Group has resumed meeting for 2007 amid further civic disobedience from Southern Rocycling.

Maroondah City Council is pursuing these matters as well as conducting ongoing monitoring of Heatherdale Road. Southern Rocycling is facing court action on the 8th of March in regard to violations under the Health Act and Planning and Environment Act, furthermore the EPA is proceeding with a hearing currently scheduled for the 14th of March.

I urge the Heatherdale community to contact me should they be concerned about the activities of Southern Rocycling.

Heatherdale Community Action Group (HCAG) End of Year Celebrations for 2006

Posted on by alex

The Heatherdale Community Action Group (HCAG) has had a tremendously successful year through forging ongoing dialogue between residents, council and myself as the ward councillor for Loughnan’s Hill (which includes the eastern side of Heatherdale Road).

In particular the successful prosecution of Southern Rocycling for violations of the Health Act and the Planning and Environment Act by Maroondah City Council has demonstrated that the amenity of Heatherdale must be respected. While this prosecution has sent a strong message monitoring will continue and further potential noise violations will be investigated.

Heatherdale Community Action Group 'celebrating a successful win'

Posted on by alex

The Heatherdale Community Action Group Inc. (formerly the Heatherdale Road Action Group) continues to grow as it strives to represent the Heatherdale community.

Tonight’s meeting included the Manager of Property and Rates from Whitehorse who explained the process of revaluations and a State Emergency Services (SES) volunteer who spoke about the Nunawading SES and the service they provide. The role of Victoria’s SES cannot be underestimated as it responds to emergencies such as floods, severe storms, earthquakes, road accidents as well as search and rescue. It is great to see the Heatherdale Community Action Group inviting speakers who are able to provide details on what is an essential service for Victoria.

The meeting also covered the recent court case and adverse finding against Southern Rocycling. I am pleased to say that the community was appreciative of council’s efforts calling the verdict a ‘very successful win’.

The court action, which was the first such case against Southern Rocycling, demonstrated that the concerns shared by the community were real and that they had a genuine grievance.

I thank the Heatherdale community for their patience and dedication in regard to Southern Rocycling.

Southern Rocycling before the Ringwood Magistrates' Court

Posted on by alex

This morning the case against Universal Metals Pty Ltd (trading as Southern Rocycling) in regard to breaches of the Maroondah Planning Scheme and the Health Act 1958 was heard before the Ringwood Magistrates’ Court.

While Doug Rowe, the Director of the company, did not attend court, Universal Metals did plead guilty to the breaches of the Maroondah Planning Scheme and the Health Act that occurred due to the noise associated with the delivery of pig iron back in January this year.

While no convictions were recorded, the Magistrate fined Southern Rocycling $6,000 and Doug Rowe $1,000 in addition to being required to $5,000 of Council’s court costs.

While the monetary amount may be seen as being low, the penalties prescribed in the Health Act ($1000 a day) are controlled by State Government legislation. The fact that the magistrate found in favour of council demonstrates that residents had a legitimate concern in regard to the excessive noise that was caused by Southern Rocycling in January of this year.

This verdict should act as a deterrent not only to Southern Rocycling but also to other operators who adversely affect the amenity of their community.

I would like to once again thank residents for their patience and cooperation in securing this successful verdict and for the residents who attended the hearing. I hope this result will ensure that they are provided with peace and quiet throughout the night.