HORSHAM Rural City Council has voted to reject a planning permission application from mineral sands mining company Iluka Resources.

Iluka had sought to continue and expand its mine waste disposal operation at Douglas at the southern end of the council’s border.

Iluka, a global mining company that has invested over $1 billion in Victoria, is expected to challenge the decision in the Victorian Civil and Administrative Tribunal.

Cr Pam Clarke said Horsham council faced weeks of court action and between $300,000 and $600,000 in legal fees.

The vote on the long-running planning issue, which councillors said was the largest ever considered by Horsham council, came after more than an hour of debate during a special meeting on Monday night.

Horsham Rural City Mayor Heather Phillips joined Crs Clarke, Sue Exell, and Robin Barber to vote against the motion to grant planing permission.

Crs Mark Radford, Tony Phelan and David Grimble voted for the motion, which was recommended by Horsham council staff.

Council was due to vote earlier in the month on Iluka’s application to continue its mineral sands waste disposal at Douglas.

Iluka says it needs a location to dispose of low-level radioactive byproducts near its Hamilton mineral separation plant.

The Hamilton plant is worth $250 million and employs more than 100 people.

Landowners near Douglas fear more waste could contaminate groundwater.

See below for the Mail-Times live blog from the special meeting.

6:41pm: It’s all over, folks. For now. A VCAT challenge from Iluka is almost certain. 

6:38pm A division was called and council voted against granting planning permission, four votes to three.

Ayes: Crs David Grimble, Mark Radford, Tony Phelan

Noes: Crs Sue Exell, Robin Barber, Pam Clarke and Mayor Heather Phillips

6:34pm Cr Grimble says you can’t separate parts of technical reports to use in arguments. Says Councillors should take in the whole recommendations. 

”We are turning our backs on the economic aspects, on the jobs. The jobs are mainly in Southern Grampians Shire but we also see a significant benefit,” he said.

”We have all been a little bit scaremongered by the technical aspects and by the word ‘radiation’.

“It is naturally occurring material.” 

6:30pm Cr Grimble has taken issue with some statements made during the meeting. He disputes Cr Phillips’ statement that HRCC should ‘right some wrongs’. “That certainly won’t stand up in VCAT,” he said.

6:29pm Cr Phillips: “Iluka has chose to change their practice. The community thought the were getting a mine site for a few years. What they have got is an open pit for the next 20 years.”

Cr Phillips reminds councillors they can vote against motion. urges them to consider sending message to Iluka and state government. “This is our chance to right some obvious wrongs,” she says.

She says the Douglas option is a money saver for Iluka and the comapny has told HRCC they are in a strong financial position. She believes Iluka can afford a more expensive disposal option.

“If there is unemployment, HRCC is not responsible for that. That is Iluka’s responsibility.” 

6:20pm Cr Phillips: “We are told Iluka is following world’s best practice. That may be true. They are storing this material all over the world. Why? Because it may have value. Thorium is being explored as an alternative nuclear fuel.”

6:19pm “When you involve radioactive materials, it doesn’t really matter to residents what the experts say. They will get stressed,” Cr Phillips said.

6:16pm “Mineral sands was the great promise,” Cr Phllips said.

“The land was supposed to return to how it was within five years.

“That was the story we were sold. We are still waiting for that to happen.” 

6:14pm HRCC Mayor Heather Phillips says there is a degree of trust in local governments to handle this type of issue directly. Points out there is no guarantees of support and responsibility from Iluka or state government agencies.

“HRCC is still the regulator body,” she says. 

6:12pm Cr Barber says he will not support planning permission. Vote count now three ayes, three noes. 

6:10pm Cr Barber says he has been given no reason for why trains carrying ore to Hamilton from New South Wales can’t take waste back to original mine site. He says it might be purely economic reasons. 

Cr Barber says he is also concerned about the potential damage to HRCC roads and where the costs would end up

”This is a radioactive refuse dump in a farming zone. We’re talking about burying tonnes of crap. If this was happening in Melbourne, people would be outraged. There would be riots.”

6:05pm Cr Robin Barber says he is just a simple country councillor and that HRCC has already seen significant costs.

“And it will continue to see significant costs for the next 30 years,” he said.

”I think the planning minister for that one.”

He also say the five-metre cap is pretty thick but trees not allowed.

”But it’s OK for water to leach through for 30 years? That doesn’t make sense.,” he said.

”There could be groundwater contamination. That’s terrible.”  

6:03pm Cr Sue Exell says she will not support planning permission. Says it is too much of a risk. “it is time to let Kanagulk community get back to normal,” she says.

6:00pm Cr Clarke says she does not want to set a precedent for HRCC to handle these types of mining industry planning issues as region could see multiple new mineral sands mines in the future.

“We are signing up to hundreds of years of compliance,” she said. 

5:58pm Cr Clarke says she believes that Iluka will challenge a ‘yes’ decision anyway as the company will not like the conditions imposed. She says it will take up to four weeks and cost HRCC between $300,000 and $600,000 in legal fees.

5:56pm Cr Pam Clarke says she will vote against granting planning permission.

“It is rare that I go against the recommendation of the planning department,” she said.

“This decision has the biggest planning application we have had. It has been complicated and it should have been handled by the state government.” 

5:54pm Cr Phelan also expects a VCAT challenge but it would not be winnable if brought by Iluka to overturn any decision to refuse planning permission.

5:53pm Cr Phelan says conditions on permit are extensive but he understands that the reports’ findings are seen as contestable by Kanagulk Landcare Group. “I am not in a position to be an arbiter in this position.” 

5:50pm Cr Tony Phelan says he will support the motion – reluctantly. Says two million tonnes of waste from outside Victoria will be dumped in Kanagulk/Douglas. He is worried that plan requires site management in perpetuity. Pit cap may erode in 10,000 years but has been told pit will still be safe without cap. Highlights findings of safety reports from a variety of agencies. Vote now stands at three ‘ayes’, zero ‘nays’.   

5:43pm Cr Radford says water catchment authorities, mine regulator and the Victorian EPA have not objected to the proposed disposal site expansion.

5:41pm Cr Mark Radford says he will support the motion to approve permit. Says many voices have been speaking to Councillors and they have grown louder. He has a greater appreciation for radiation, hydrology, geology and risk management after this process. 

5:40pm Cr Grimble says there is a fair chance HRCC decision will be challenged in VCAT regardless of which way Councillors vote. 

5:38pm Cr Grimble says Iluka has a good reputation and the works would be safe if carried out under the proposed conditions. He says the concerns of nearby landowners weigh on his mind but he sees no reason to vote it down. 

5:33pm Cr David Gimble says the planning application was enormously complicated and said he was dissappointed in the state government for making HRCC the responsible body

5:30pm: The special meeting has started.