The ACT government is finally taking action to clean up a scrap metal yard in Fyshwick that has spread well beyond its lease into neighbouring blocks and operated for years without conclusive action.
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The yard, off Cessnock St and an in area now zoned as river corridor, was given a lease by the Commonwealth to store scrap metal and vehicles on section 50 block 2.
But it extends over perhaps 20 or more neighbouring blocks, judging by aerial photography from 2016 on the ACT's official mapping site (actmapi).
The ACT government confirmed the yard is operating "outside of their approved block".
Operator Jack Martin said he had crushers coming next week from Sydney and would clean up the site, probably by March. The metal would be exported through Sydney and Newcastle.
"[The government] came to us a couple of weeks ago and said we've got to clean it all back up again, and we go back down to the one area."
Mr Martin said he had been leasing the site since 1980.
Asked how he had come to spread beyond block 21, he said, "It just got out of hand over the years."
"A couple of years ago they came down and said we've got to clean it up a bit and they just didn't bother," he said of the government.
Mr Martin said there were other blocks on the site where companies had left tyres and bulldozers and other scrap that had never been cleared.
The Canberra Times first asked questions about the lease on November 17. An answer from Access Canberra on November 28 said, "Access Canberra is currently investigating the operation of this business for lease and environmental compliance. Until that investigation has concluded we are unable to provide any further details."
A renewed request on the same day, brought a more detailed response on December 5. Access Canberra said the yard had approval for scrap metal and the use was still compliant.
"The facility has approval to operate on Section 50, but it was identified that the activities may be occurring on adjacent blocks. Access Canberra is working with the operator to remedy this issue."
Asked again for clarification, given section 50 covers a large area of nearly 50 separate blocks, Access Canberra confirmed on December 15 that the lease covered one block only.
"An unregistered Crown lease was granted on 3 December 1980 for block 21/50 in Fyshwick. This lease commenced on 1 December 1980 for the sole purpose of storing scrap metal and vehicles. The lessee has been paying rent annually since that time and has approval for block 21/50 only.
"Access Canberra has visited the site on a number of occasions, most recently on 29 November, and is aware that the lessee is currently operating outside of their approved block over parts of sections 50, 60 and 61. This means there are compliance issues with the current use of the block and its present zoning which are currently being addressed by the ACT government."
Access Canberra was working with the scrap metal yard to resolve the matter, "which will involve removing the scrap from the unleased public land to the approved block", a spokesman said.
Access Canberra would not provide detail about the lease, citing privacy.
The 1980 lease pre-dated self-government and Access Canberra did not explain why no subsequent lease had been signed with the ACT. The Canberra Times has been told that other businesses operating on section 50 were served notice in 2001. This has not been confirmed by the government.
Access Canberra said the government was now "reviewing the leasing arrangements" for the block.
The land is zoned NUZ4 river corridor given its proximity to the Molonglo River. The zone prohibits collecting or processing recycling materials, hazardous waste, light industry, industrial trades and a range of other businesses.
But Access Canberra said the scrap metal yard had been established before the development of the territory plan so it preceded the current zoning.
"It is not operating contrary to the permissible use of the land .... The site was approved for scrap metal activities when the block was initiated and the use is still compliant."
Asked whether the yard paid for the site, the spokesman said it paid land rent quarterly, based on the unimproved value of the land.
