Always Recycling Pty Ltd v Environment Protection Authority [2012] NSWLEC 1170

Always Recycling Pty Ltd v Environment Protection Authority [2012] NSWLEC 1170

The transfer of Environment Protection Licence No 13198 from Number 1 Excavation and Demolition (NSW) Pty Ltd to Always Recycling Pty Ltd is approved subject to stringent conditions to bring the site into compliance with the Project Approval and the licence conditions, including restricting the receipt of further waste until compliance with infrastructure and environmental controls, height limits, removal of asbestos, and provision of a $200,000 financial assurance is demonstrated.

Parties
Applicant: Always Recycling Pty Ltd; Respondent: Environment Protection Authority
Jurisdiction
Australia
Judgment Date
21 June 2012
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal allowed in part; transfer of licence approved subject to conditions
Legal Topics
Environment Protection Licence, Licence Transfer, Waste Management, Environmental Compliance, Environmental Planning, Statutory Interpretation
Environmental Law Administrative Law Environment Protection Licence Licence Transfer Waste Management Environmental Compliance Environmental Planning Statutory Interpretation

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Parties

Always Recycling Pty Ltd

Applicant

Environment Protection Authority

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether Always Recycling Pty Ltd should be granted the transfer of Environment Protection Licence No 13198
  2. 2 What conditions should be imposed on the transfer of the licence, particularly concerning stockpile heights, removal of asbestos, stormwater management, and financial assurance
  3. 3 Whether the applicant is a fit and proper person within the meaning of the Protection of the Environment Operations Act 1997

Ratio Decidendi

The transfer of Environment Protection Licence No 13198 from Number 1 Excavation and Demolition (NSW) Pty Ltd to Always Recycling Pty Ltd is approved subject to stringent conditions to bring the site into compliance with the Project Approval and the licence conditions, including restricting the receipt of further waste until compliance with infrastructure and environmental controls, height limits, removal of asbestos, and provision of a $200,000 financial assurance is demonstrated.

Court Disposition

Appeal allowed in part; transfer of licence approved subject to conditions

Orders

  • Transfer of Environment Protection Licence No 13198 from Number 1 Excavation and Demolition (NSW) Pty Ltd to Always Recycling Pty Ltd approved
  • Transfer subject to compliance with conditions regarding stockpile height, removal of asbestos, stormwater management, installation of barriers, provision of a financial assurance of $200,000, and other environmental controls