The company has development approval from the Joint Regional Planning Panel for the project, but lost its backing of Federation Council when elected councillors returned last month to replace administrator Mike Eden.

The newly elected council re-affirmed its opposition this week by agreeing not to lease land within the Howlong tip site to Cleanaway.

Howlong Community Committee has confirmed its appeal against the JRPP decision has been lodged in the NSW Land and Environment Court.

But its chairman Stuart Sizer is fearful the back-flip has come too late to support the HCC in court.

“There are council members who believe the motion is enough to stop the process,” he said.

“But advice we are getting is different given the process has been fully approved.

“We’re worried it may mean they can’t actually support the motion and instead they have to support what they agreed to previously.”

Mr Sizer is hoping the latest advice from its Sydney-based legal team can be presented to the HCC annual meeting on Monday.

A Cleanaway spokesperson said: “We are disappointed with the decision made (this week) by Federation Council.

“We’ve undergone a rigorous review process with important environment, planning and community issues tested at length and believe that we have designed a compliant facility, appropriately co-located within the Howlong landfill and waste water treatment plant.

“We are currently reviewing our options and are not in a position to comment any further at this stage.”

Cleanaway lost an appeal in the NSW Land and Environment Court to build the compost plant at Gerogery before turning its attention to Howlong.

Albury Council recently extended the interim rubbish collection arrangements with Cleanaway until early November.

Cleanaway has been transporting waste collected from Albury, Wodonga, Indigo and Federation council areas to Wagga and Sale.