Shellharbour City Council has dismissed concerns about its role in the dumping of 83,700 cubic metres of unauthorised fill at Bass Point in 2019 by saying it was only an "opinion" that the move was allowed under planning approval.
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And the council is refusing to say whether it supports a bid by Bass Point Quarry operator Hanson to expand the "emplacement" of excavated material, up to 200,000 tonnes per year.
Hanson was fined $15,000 by the Department of Planning, Industry and Environment (DPIE) and ordered it to remove the material from 2019 - which came from the Shell Cove marina excavation undertaken by the council and Frasers property group.
This followed complaints from residents and beach users about the eyesore that had been created next to an environmental reserve.
Hanson has now sought permission to expand the practice from DPIE, saying in its application that the material would form an amenity barrier - and that it had been the council's responsibility to ensure compliance for importing the material.
In 2019 the council told the Mercury the emplacement of "overburden" (soil) was allowed.
"The overburden material is consistent with the State Government Part 3A approval granted in 2014," the council said in 2019.
"Council has seen the plans and approvals for the Hanson site, which are available on the Department of Planning website, and the works appear to be consistent with the Quarry State Government approval."
But this Friday a council spokesperson said this was just an "opinion".
"The information provided to the Illawarra Mercury in 2019 was opinion only, as Council is not the legislative authority and this was advised of and made clear at that time," the spokesperson said.
"Council confirms that it has no role in the determination of this matter and based its opinion on publicly available information."
This appears to be at odds with how Hanson explained the deal with council in its most recent major projects application, where it told DPIE the council had agreed to sort out compliance pre-2019.
"Hanson has been importing material for the construction of amenity barriers in accordance with a Deed Agreement entered into by Pioneer Concrete (NSW) Pty Ltd (a predecessor of Hanson) with the Council of Shellharbour (Council) and South Coast Basalt Pty Ltd (SCB)," it stated.
"This deed is dated 21 December 1994 and permits council to deposit fill from certain council-owned land on the Bass Point Quarry site, including material sourced from land associated with the Shell Cove Boat Harbour development.
"Council covenanted with [the quarry owners] that it would be responsible for obtaining all necessary consents from council and any other relevant statutory authority for the works."
"Hanson has relied upon this agreement in its dealings with council on this matter. Emplacement of material in this location was in inadvertent error on Hanson's part and is considered to have been done in good faith by operators at the quarry."
Hanson has been contacted for comment but has not responded.
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Ben Langford
Senior journalist writing on the environment. Opinion columnist, independent. We rely on your news tips so please, don't be shy to let us know what's going on.
Senior journalist writing on the environment. Opinion columnist, independent. We rely on your news tips so please, don't be shy to let us know what's going on.
