THERE are concerns about plastic and sponge and other potential contaminants spread over a West Swan Road property with some of the rubbish blowing into a drain, which enters a creek that feeds into the Swan River.

An amended development application for proposed agriculture – intensive and industry – primary production and associated incidental infrastructure for Lot 9 West Swan Road, West Swan was open for public comment from June 19 to July 3 last year.

The proposal has to comply with the Swan Valley planning scheme 1 with all development to minimise impacts on native vegetation and include adequate buffers from bushland, wetlands and waterways, in accordance with any relevant planning policies and state planning policies.

The report said there was no bushland, wetland, or significant waterway on or adjacent to the site.

But Echo News understands a City of Swan drain that runs along the northern boundary of the property, heads eastwards towards the Swan River – entering the Wandoo Creek tributary of the Swan.

Echo News has seen correspondence that says while the Department of Water and Environmental Regulation (DWER) is responsible for administering the Environmental Protection Act 1986 (EP Act) and illegal dumping is an offence under the EP Act, in this instance the elements of the offence were not met and, therefore, DWER was unable to pursue any formal action.

The letter said DWER had contacted the City of Swan and been advised the city was aware of the occurrences at the West Swan Road property.

“But the property falls within Swan Valley planning scheme 1 and, therefore, any complaints concerning land use are referred to the Department of Planning, Lands and Heritage (DPLH).

“I understand the City of Swan attended the premises on December 16, 2024 and January 28, 2025, and is currently co-ordinating a joint site visit with DPLH,’’ the letter said.

“DWER’s waste crime officers attended the premises on January 30 and are supporting DPLH in its action.’’

The Swan Valley planning area is under the control of the Western Australian Planning Commission.

The Swan Valley statutory planning committee refused the original development application on December 6, 2022 so an appeal was lodged with the State Administrative Tribunal for the review of the decision in January 2023.

According to the report the proponent undertook water and soil testing in August 2023 and as a result the original application was amended.