Verde Terra Pty Ltd v Environment Protection Authority (No 1) [2018] NSWLEC 159

Verde Terra Pty Ltd v Environment Protection Authority (No 1) [2018] NSWLEC 159

Section 287(3) of the POEO Act provides a beneficial and facultative right of appeal against a deemed refusal and operates separately and independently of the notice requirement in s 287(1). No notice of a deemed refusal was required before time commenced to run. The Company's application was deemed refused after 60 days and the 21-day appeal period had expired long before the proceedings were filed on 31 May 2018, so the proceedings disclosed no reasonable cause of action and were dismissed.

Jurisdiction
Australia
Judgment Date
09 October 2018
Procedural Posture
Class 1 Statutory Appeal Concerning Deemed Refusal of Application to Vary Environment Protection Licence / Notice of Motion Seeking Dismissal of Proceedings
Outcome
Proceedings dismissed; Applicant ordered to pay Respondent's costs of the Notice of Motion; costs of the proceedings reserved.
Legal Topics
['environment Protection Licence Variation' 'deemed Refusal' 'statutory Appeal Time Limits' 'summary Dismissal' 'statutory Construction']
['environmental Law' 'civil Procedure' 'administrative Law'] ['environment Protection Licence Variation' 'deemed Refusal' 'statutory Appeal Time Limits' 'summary Dismissal' 'statutory Construction']

Case Brief

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Procedural Posture

Class 1 Statutory Appeal Concerning Deemed Refusal of Application to Vary Environment Protection Licence / Notice of Motion Seeking Dismissal of Proceedings

Legal Issues

  1. 1 ['Whether a notice of deemed refusal from the Environment Protection Authority was required before time commenced to run for an appeal under s 287 of the Protection of the Environment Operations Act.' 'Whether the appeal was filed outside the statutory time limit.' 'Whether the proceedings should be dismissed under r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005.']

Ratio Decidendi

Section 287(3) of the POEO Act provides a beneficial and facultative right of appeal against a deemed refusal and operates separately and independently of the notice requirement in s 287(1). No notice of a deemed refusal was required before time commenced to run. The Company's application was deemed refused after 60 days and the 21-day appeal period had expired long before the proceedings were filed on 31 May 2018, so the proceedings disclosed no reasonable cause of action and were dismissed.

Court Disposition

Proceedings dismissed; Applicant ordered to pay Respondent's costs of the Notice of Motion; costs of the proceedings reserved.

Orders

  • ['The proceedings are dismissed.' "The Applicant is to pay the Respondent's costs of the Notice of Motion." 'The costs of the proceedings are reserved.']