Biomass Solution (Coffs Harbour) Pty Ltd v Environment Protection Authority [2017] NSWLEC 1380

Biomass Solution (Coffs Harbour) Pty Ltd v Environment Protection Authority [2017] NSWLEC 1380

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached at or after the conciliation conference, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; the Court therefore disposed of the proceedings by making orders varying the prevention notice in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
19 July 2017
Procedural Posture
Class 1 Appeal Concerning a Prevention Notice / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Prevention Notice dated 14 March 2017 issued by the Respondent to the Applicant was varied under section 110 of the Protection of the Environment Operations Act 1997 in accordance with the parties' agreement.
Legal Topics
['prevention Notice' 'conciliation Conference' 'agreement Between the Parties' 'variation of Prevention Notice']
['environmental Law' 'land and Environment Court Procedure'] ['prevention Notice' 'conciliation Conference' 'agreement Between the Parties' 'variation of Prevention Notice']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Prevention Notice / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether the Prevention Notice dated 14 March 2017 should be varied under section 110 of the Protection of the Environment Operations Act 1997']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached at or after the conciliation conference, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; the Court therefore disposed of the proceedings by making orders varying the prevention notice in accordance with the agreement.

Court Disposition

Prevention Notice dated 14 March 2017 issued by the Respondent to the Applicant was varied under section 110 of the Protection of the Environment Operations Act 1997 in accordance with the parties' agreement.

Orders

  • ['Without any admissions by the Applicant, the Prevention Notice dated 14 March 2017 issued by the Respondent to the Applicant (Notice Number 1545835) in respect of the premises at Lot 3 DP 1090175, 31 Englands Road, Coffs Harbour, is varied under section 110 of the Protection of the Environment Operations Act 1997...