Methane mess prompts court proposal

By Bridget Cook
THE recent $23.5 million settlement for Casey residents affected for the Brookland Greens methane gas mess has sparked calls for a dedicated Land and Environment Court in Victoria.
In May the Supreme Court of Victoria approved a $23.5 million settlement against Casey Council and the Environment Protection Agency (EPA) by Brookland Greens residents.
More than 750 property owners who were affected by methane gas leaks from the Stevensons Road landfill will benefit from the settlement.
After a two and a half year battle, the City of Casey was ordered to pay $13.5 million and the EPA $10 million to the affected residents.
National law firm Slater and Gordon, which represented property owners in the Cranbourne class action, has written to Attorney General Robert Clark this month outlining the need for a new court.
Slater and Gordon litigation lawyer Manisha Blencowe said that her clients in the Cranbourne class action were victims of a system that had not been able to adequately oversee planning and land management in Victoria.
“The establishment of a Land and Environment Court would help to avoid a repeat of the Brookland Greens estate case which has had grave ramifications for Victorians not only because of the immediate risk that it posed to those living there, but because of the compensation costs and length legal dispute that has followed,” Ms Blencowe said.
“It is clear that as the appetite for land in Victoria increases there will also be increased risks associated with development on sites that are not appropriate for development and on sites that have not undergone enough planning and environmental controls before development.”
Ms Blencowe said the new court could be modelled on similar courts in New South Wales and Queensland, providing a more appropriate forum for substantial planning and environment disputes than Victorian Civil and Administrative Tribunal (VCAT) which currently hears planning disputes.