Environment Protection Authority sat on report into scheme that used waste from bins on agricultural land

NSW minister refuses to say if EPA chief resigned over handling of waste scheme report

The New South Wales environment minister has refused to say whether the head of the state’s environment watchdog resigned over the agency’s handling of a report on a controversial scheme that used treated waste from household bins on agricultural land.

But the minister, Gabrielle Upton, has said she did not ask for the resignation of the chief executive of the Environment Protection Authority, Anissa Levy, which was announced quietly on Friday.

In a two-line statement, the regulator said Levy had “decided to stand down from her position at the EPA” and would return to the position of deputy CEO of the state’s infrastructure agency.

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Levy was appointed to the position in March, following the departure of long-time EPA boss Barry Buffier.

Her resignation followed criticism of the agency’s handling of a damning report into the use on agricultural land of treated waste from household bins, including products such as nappies, plastics, clothing and glass.

Earlier this month the Daily Telegraph reported the EPA had sat on a report detailing concerns about the scheme for about five months.

The 51-page report found the scheme had significant risks for human and animal health.

EPA regulations meant the waste was only used on broadacre agricultural land and mining ­rehabilitation sites, and not directly on crops, but the report identified concerns about cross-contamination through farming practices, grazing animals and groundwater seepage.

“The presence of physical contaminants [in the treated waste] raises significant concerns in terms of human and animal health (glass contamination of of crops and forage), as well as concerns for aesthetic quality of soils and soil physical quality degradation (plastics),” the report found.

The report was dated April and the EPA said it received it in May. But the environment minister was not briefed on its contents until late September.

In October the EPA released a statement saying it had banned the practice, with Levy saying the research showed the practice was found to have no benefit.

“The restricted use of the mixed waste organic material had been permitted on the basis that it provided beneficial reuse of waste,” she said. “Extensive independent research commissioned by the EPA found that it no longer passed that test.

“The research found there were limited agricultural benefits from the application of mixed waste organic material at the regulated maximum levels of application, but there were potential risks to the environment from the presence of some contaminants, such as small pieces of plastic and glass, as well as concerns about soil quality degradation.”

The decision was criticised by the waste industry, which said the EPA had effectively wiped out “an entire industry” with the decision. It was also criticised by the NSW Farmers Federation, which said it had not been consulted on the decision.

But the minister was reportedly furious that her department had taken so long to brief her on the issue.

In an on-the-record statement to the Telegraph, she referred to the fact Levy’s position – to which she was appointed on an interim basis in March – was up for grabs.

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“It is regrettable that the EPA ­delayed informing me, and the acting chair and CEO Anissa Levy has apologised for this oversight,” she told the newspaper. “It so happens the position is currently being advertised.”

A few days later, Levy resigned.

Asked by the Guardian Australia what reason Levy gave for her resignation, and whether it was prompted by the handling of the waste issue, a spokesman for Upton would not comment, saying only that it was “a matter for Ms Levy”.

But the spokesman denied Upton had asked for her to quit, and said it was always the government’s intention to recruit for a permanent position.

“The recruitment process started some time ago and Ms Levy – as acting CEO and EPA chair – was well aware the position was to be filled by a permanent appointment,” he said.

On Monday the EPA defended the length of time it had taken to brief the minister, saying that since receiving the report it had “sought further information from industry, including records of the amounts and distribution of material, as well as operational information about the alternative waste treatment facilities”.

“The EPA also convened and sought specialist advice from an interagency committee, including Department of Primary Industries, NSW Health, NSW Food Authority and Office of the Chief Scientist and Engineer, to review the information and agree on a course of action,” a spokeswoman said.

“That action included commissioning a human health and ecological risk assessment.

“Consideration also needed to be given to the statewide impacts of any proposed regulatory changes on waste collections, stakeholders involved and the community, before the final decision was taken to stop the application, and to inform what support was needed.”

The Guardian has approached Levy for comment.