General manager Warwick Bennett told The Post the Department of Planning, Industry and Environment seemed "hellbent" on issuing secretary's environmental requirements (SEARS) for Jerrara Power's proposal.

The company is applying to process up to 330,000 tonnes of Sydney's municipal residual, commercial and industrial waste at a $6 million plant to be constructed at 8974 Jerrara Road. The waste would be converted into 30 megawatts of electricity annually for the grid.

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The council is opposed to it and is taking up the cause on the community's behalf. It has also challenged its legal permissability under planning legislation, arguing it was contrary to planning laws.

But on Thursday, Mr Bennett said all council's legal avenues were "exhausted."

"We have no recourse to challenge the issuing of SEARS but we will be challenging the permissability and merits during the development application stage," he said.

"...We will be putting a lot of effort into that over the next nine to 12 months."

His comment followed a letter from the department on Wednesday stating that the department considered the project an 'electricity generating work' under the Local Environmental Plan.

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While prohibited in the rural (RU2) zone, it was permissable with consent. It was also allowed under the 2007 State Environmental Planning Policy (Infrastructure) and was considered state significant development.

Mr Bennett said the the waste to energy plant was "categorically" not permitted in the zone.

"For the department to now say that it is 'electricity generating' is bizarre," he said.

"Seventy per cent of Jerrara Power's income will come from waste. They can't generate electricity without waste so the power is ancillary. Any logical brain would tell you that. Electricity is not the principal use."

The letter stated that staff were preparing SEARS but were also awaiting further information before they were issued. This included more details on the transmission line connecting to Goulburn and its easement, on waste sources, management and monitoring, and on proposed temporary accommodation for 300 workers. The location for the latter was not detailed in the company's scoping report.

Mr Bennett said the fact that some of the council's issues had been picked up was heartening "until we received the letter."

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In its response to a similar proposal at Veolia's Woodlawn eco-precinct, the council also called on the state government to develop a firm policy on waste to energy plants before it issued any more SEARS.

However the letter stated that further strategic planning was being considered to ensure these projects "protected the environment and human health into the future."

"The applicants will need to have regard to this once it has been completed," the letter stated.

The department also revealed that it issued SEARS for Woodlawn's waste to energy proposal on July 2.

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