Always Recycling Pty Ltd v Environment Protection Authority (No 2) [2012] NSWLEC 1220

Always Recycling Pty Ltd v Environment Protection Authority (No 2) [2012] NSWLEC 1220

The EPL conditions had to be consistent with the Part 3A Project Approval. The Project Approval authorised recycling of building and construction waste, including metal, concrete, timber, bricks, tiles and rubber, and did not authorise independent receipt and processing of VENM, asphalt waste, garden waste, wood waste or soil. Condition L3.3 should therefore include building and demolition waste and general or specific exempted waste only. Condition L5.1 should be brought into conformity with the Project Approval by inserting the notes permitting construction activities outside specified hours where not audible at residences beyond the site boundaries. The agreed amended stockpile,...

Jurisdiction
Australia
Judgment Date
10 July 2012
Procedural Posture
Class 1 Appeal Under S 287 of the Protection of the Environment Operations Act 1997 Concerning an Application to Transfer an Environment Protection Licence / Determination of Disputed Conditions for an Environment Protection Licence Following an Earlier Judgment Approving Transfer Subject to Conditions
Outcome
EPA directed to file the final conditions, after which orders would be made in chambers.
Legal Topics
['environment Protection Licence Transfer' 'waste Recycling Facility Conditions' 'project Approval Consistency' 'building and Demolition Waste' 'stockpile Height and Setbacks' 'operating and Construction Hours']
['environmental Law' 'planning and Environment' 'waste Regulation'] ['environment Protection Licence Transfer' 'waste Recycling Facility Conditions' 'project Approval Consistency' 'building and Demolition Waste' 'stockpile Height and Setbacks' 'operating and Construction Hours']

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Procedural Posture

Class 1 Appeal Under S 287 of the Protection of the Environment Operations Act 1997 Concerning an Application to Transfer an Environment Protection Licence / Determination of Disputed Conditions for an Environment Protection Licence Following an Earlier Judgment Approving Transfer Subject to Conditions

Legal Issues

  1. 1 ['Whether condition L3.3 should permit receipt of Virgin excavated natural material, asphalt waste, garden waste, wood waste and soil, or be limited to building and demolition waste and general or specific exempted waste.' 'Whether condition L5.1 should be amended to reflect notes to condition 7 of the Project Approval permitting construction activities outside specified hours if not audible at residences beyond the site boundaries.' 'Whether conditions U7.1, L6.1 and L6.2 should specify stockpile height limits, setbacks and concrete jersey barrier locations consistently with the Project Approval and Stormwater Management Plan.']

Ratio Decidendi

The EPL conditions had to be consistent with the Part 3A Project Approval. The Project Approval authorised recycling of building and construction waste, including metal, concrete, timber, bricks, tiles and rubber, and did not authorise independent receipt and processing of VENM, asphalt waste, garden waste, wood waste or soil. Condition L3.3 should therefore include building and demolition waste and general or specific exempted waste only. Condition L5.1 should be brought into conformity with the Project Approval by inserting the notes permitting construction activities outside specified hours where not audible at residences beyond the site boundaries. The agreed amended stockpile,...

Court Disposition

EPA directed to file the final conditions, after which orders would be made in chambers.

Orders

  • ['The EPA is to file in hard copy and electronically by 12.00 on 11 July 2012 the final conditions, following which orders will be made in chambers.']