Bedrock (NSW) Pty Ltd v Environment Protection Authority (EPA) [2016] NSWLEC 1458

Bedrock (NSW) Pty Ltd v Environment Protection Authority (EPA) [2016] NSWLEC 1458

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and make orders giving effect to it.

Jurisdiction
Australia
Judgment Date
29 September 2016
Procedural Posture
Class 1 Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'environment Protection Licence Conditions' 'waste Storage and Processing']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'environment Protection Licence Conditions' 'waste Storage and Processing']

Case Brief

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Procedural Posture

Class 1 Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and make orders giving effect to it.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Insert new condition S1.1 requiring the Licensee by 30 December 2016 to provide in writing to the EPA and submit to the EPA Unit Head Waste Compliance – Newcastle an Operational Plan to commence on the commissioning into operation of its Pegson Premiertrak 1100x650 Mobile Crusher or on 1 January 2017, whichever...