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24 January, 2025

No response to pleas

Somerset Council has yet to receive any responses from the State Government over a request for them to take action to end Council’s ongoing legal dispute with Energex over its Esk Depot.


Council stated they had contacted the following Queensland Government ministers last month regarding the legal dispute with Energex:

  • The Honourable Rosslyn (Ros) Bates MP, Minister for Finance, Trade, Employment and Training.

  • The Honourable David Janetzki MP, Treasurer, Minister for Energy and Minister for Home Ownership.

The following Ministers were copied into the correspondence:

  • The Honourable Jarrod Bleijie MP, Deputy Premier, Minister for State Development, Infrastructure and Planning and Minister for Industrial Relations.

  • The Honourable Ann Leahy MP, Minister for Local Government and Water and Minister for Fire, Disaster Recovery and Volunteers.

Council CEO, Andrew Johnson, said if the matter results in a court hearing, it will “cost Council, and ultimately ratepayers, hundreds of thousands of dollars”, with taxpayers likely also copping the cost, as Energex is a state-owned entity.

“The cost of a court hearing is variable and depends on several factors,” Mr Johnson said. “The legal expenses likely to be incurred by Energex, a state-owned entity, will cost taxpayers the same, if not more.”

Council is asking the Ministers and State Government for help, as “the State Government has broad planning and other powers to resolve this issue”.

The Energex matter is set for review in the Planning and Environment Court on 13 February 2025.

At an ordinary meeting on 21 June 2023, Somerset Council refused Energex’s development application for a new depot, because the proposed location was on residential land and did not meet the requirements of Council’s planning scheme or the State Government planning scheme.

According to Mr Johnson, Council also confirmed its commitment to work with Energex to find an alternative site for a depot within Somerset.

“Council has maintained this position and continues to advocate for an Energex depot to be constructed on a suitable site in Somerset,” he said. “Council will continue working collaboratively with Energex to try and resolve the matter in a way which benefits the community.”

Somerset Mayor Jason Wendt said he was disappointed the matter was dragging on as the development, in a suitable location, was important to the community.

“We are now facing a costly and exhaustive hearing in the Planning and Environment Court between Council and Energex, a subsidiary of Energy Queensland Limited, and a State-Government owned corporation.”

An Energex spokesperson said that, given the dispute is now a legal matter, it would be “inappropriate” to comment further on the matter, but restated that Energex wants to continue serving the area.

“Energex crews have serviced the electrical needs of the Esk and surrounding community from the township-based location for more than half a century and are seeking to continue this,” they said.

A Queensland Government spokesperson has echoed Energex’s comments, saying, as it is now a legal matter, it would be inappropriate to comment further.

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