Class action alleges GrainCorp had 'expand first, fix problems later' approach to production
Summary
A class action has been filed against agribusiness giant GrainCorp by 18 individuals and 14 residences in Numurkah, Victoria, alleging the company prioritized expanding production at its canola oil factory over addressing noise and odour pollution affecting nearby residents. The plaintiffs claim that since GrainCorp took over the factory in 2012, production has more than doubled, leading to increased disturbances. Counsel for the plaintiffs, Daryl J Williams AM KC, argued that GrainCorp adopted an “expand first, fix problems later” approach, reacting to complaints on a “catch-up basis” rather than proactively planning for mitigation. Evidence presented includes internal emails and videos documenting noise and steam emissions, with one resident describing the noise as sounding “like a roaring jet.”
GrainCorp’s counsel, Kathleen Foley, countered that the site has a long history of industrial use and that the company is “proactive” in managing noise and odour, citing internal documents outlining mitigation measures and environmental management plans. She also pointed to the relatively small number of residents who have joined the class action – 14 residences and 18 group members – as evidence that the impacts are not as widespread as claimed. Foley argued against the characterization of GrainCorp’s approach, stating that noise and odour are considered “continually” at the factory.
The trial, presided over by Justice Stephen O'Meara, continues, with the court needing to determine whether GrainCorp breached its license conditions with the EPA and planning permissions, and whether an injunction is necessary to prevent future disturbances.
(Source:ABC (Australian Broadcasting Corporation))