An internal review has been recommended to Bega Valley Shire Council (BVSC) by the Information and Privacy Commission (IPC) following its refusal to release information related to a road stabilisation operation that caused extensive damage to properties in Eden almost two years ago.
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Lime dust used during the roadworks undertaken on Mitchell Street, Calle Calle Street, Bass Street and Chandos Street caused significant damage to properties in June 2020, in addition to raising health concerns.
Vehicles and houses were covered in the lime dust, which residents said was hard to remove and has had a continuing corrosive effect on their property.
Impacted residents have unsuccessfully attempted to have the matter resolved with the council since that time, with no clear responsibility for the incident being taken, in part because of the involvement of contractors.
The council previously maintained it was not liable for any damages and in 2021 it was anticipated that a class action or other legal proceedings would be initiated to seek resolution of the matter.
In a statement to Australian Community Media on Wednesday, May 25, a council spokesperson said its position had not changed and that, "all claimants were provided with an outcome for their claim in July 2020".
"The incident was managed by our insurers and this includes their legal representation and acting on council's behalf," the spokesperson said.
In June 2021 legal representatives on behalf of contractor Stabilco also maintained denial, and stated that of the three operators involved, one was employed by council to operate the water cart and despite the conditions being unsuitable, the site supervisor, a council employee, allowed the works to proceed.
Seeking to clarify what exactly took place and who might be liable for the extensive and costly damage to houses and vehicles, Nikolovski Lawyers, which is acting for one of the affected residents, made a Freedom of Information request in accordance with the Government Information (Public Access) Act 2009 (GIPA Act), which was granted in December 2021.
The legal firm sought access to information related to the road stabilisation works undertaken in June 2020, including but not limited to project and environmental reports, development plans and maps, file notes, council minutes and relevant correspondence.
Access was also sought to any and all information relevant to council's contractual relationship with the third party contractor, Stabilco.
BVSC refused to provide access to the information on the basis there was an overriding public interest against disclosure of the information.
"Council relies on provisions of the public interest test contained in the GIPA Act to determine what information should be released. This includes proposed legal action being taken against council," the BVSC spokesperson said.
"The request was submitted by a legal firm who has other avenues available to take action against council."
In February this year, an external review was conducted by the IPC of the council decision and determined it was "not satisfied that the Agency's (BVSC) decision to refuse access has been justified" and recommended the council reconsider its decision by way of an internal review.
When queried by ACM as to whether the concerns of residents had been adequately addressed, a council spokesperson said council had "notified all claimants of the outcome of their claims".
A letter sent to council from IPC dated April 29, 2022 said 10 days from that date would be given for the council to notify both the legal firm and the IPC of the actions to be taken in response to the recommendation to conduct an internal review.
BVSC confirmed it was currently undertaking an internal review as recommended and said legal action against council was a civil matter and would be referred to its insurer.
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Leah Szanto
Regional journalist covering the Far South Coast of NSW.
Regional journalist covering the Far South Coast of NSW.
