The area of open farmland at Wanatta Lane was earmarked as the tip site in February 2002, but widespread opposition – from local residents and Member for Bega Andrew Constance – saw Bega Valley Shire Council only receive the go-ahead for construction in July last year.

Mr Constance and residents identified potential contamination of the Bega River system, increased traffic through Wolumla, wind-blown litter problems and property devaluation as primary concerns.

Development approval for the tip was ultimately granted by the State Government’s Joint Regional Planning Panel (JRPP), with 84 conditions attached – many of them environmental.

The DA was put on public notice on November 8, with the period for appeals closing on February 8.

Wolumla Residents Action Group (WRAG) spokesperson Jeff Smith, who has been a driving force in the campaign against the proposed tip, said the group would not be submitting a challenge to the DA.

WRAG’s focus, he said, would now be to make sure the council adheres to conditions of approval.

“We just can’t afford to go up against the DA,” Mr

Smith said.

“It’s a shame that 10 years into fighting it we’ve found ourselves in this position, with the community just left wondering how this could have been approved.

“We feel we were diddled at the post by JRPP, there are still serious issues and we’ll be watching the process very closely, but we really are caught between a rock and a hard place.”

Mr Smith described the council’s Environmental Impact Statement on the site as “nice and rosy”, but he still had serious concerns about the contamination of the water table through run-off and leachate (water leaching from soil), as he alleged occurred at the Merimbula tip and other local facilities.

Wolumla Creek, which feeds into the Bega River, is 900 metres from the proposed tip site.

Mr Smith also said the proposed construction of nets on three sides, to catch windblown litter, would be ineffective in strong gusts.

After the JRPP approved development, WRAG wrote to the Environmental Defender’s Office and asked it to look into possible illegalities in the approval process.

WRAG cited alleged breaches in the JRPP’s Code of Practice, including failing to keep minutes at official meetings, holding meetings without all panellists present and accepting late documents.

Solicitor Elaine Johnson from the Environmental Defender’s Office advised that these actions did constitute a breach of the Code of Practice, but did “not amount to an error of law” that would stand up in court.

Ms Johnson said one option available to the group was to lodge a complaint about the approval process directly with the State Ombudsman.

This was being considered, Mr Smith said, as were more radical options like “civil disobedience”.

“If they don’t adhere to the conditions, we may be forced to take matters into our hands and shut down the road,” he said.

WRAG member Wal Mullard said residents had no choice but to stand up for their community if they felt its drinking water or livelihood was being threatened.

“People sometimes ask me why we’re still fighting it after all this time,” Mr Mullard said.

“It’s because we’ve seen what’s happened elsewhere, we know we’re right and when you know you’re right you have to keep going.”

WRAG has also made it clear that as soon as works on the site begin, neighbouring landowners will lodge a class action compensation claim against Bega Valley Shire Council for the devaluing of their land.

The Valuer General’s office has estimated that the tip’s presence would immediately devalue their properties by 20 per cent.

Council staff were unavailable for comment on any possible compensation claim, but group manager of infrastructure, waste and water Wayne Sartori said pre-construction planning for the facility was underway.

Mr Sartori said a project manager had been engaged, the upgrading of Wanatta Lane would begin shortly and he expected to see significant on-site progress in the 2012-13 financial year.

The council still requires a Construction Certificate and Environmental Protection Licence before earthworks can begin.