Cape Byron Management Pty Ltd v Environment Protection Authority [2017] NSWLEC 1144

Cape Byron Management Pty Ltd v Environment Protection Authority [2017] NSWLEC 1144

The Court disposed of the proceedings by making orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, as the agreement was one the Court could have made in proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
23 March 2017
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Proceedings disposed of in accordance with parties' agreement under s 34(3) Land and Environment Court Act 1979
Legal Topics
['appeal Against Refusal to Vary Environment Protection Licence' 'conciliation Conference' 'agreement Between Parties']
['environmental Law'] ['appeal Against Refusal to Vary Environment Protection Licence' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Whether the Environment Protection Licence should be varied in accordance with the parties' agreement"]

Ratio Decidendi

The Court disposed of the proceedings by making orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, as the agreement was one the Court could have made in proper exercise of its functions.

Court Disposition

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

Orders

  • ['Environment Protection Licence number 20424 is to be varied as per annexed changes' 'No order as to costs; each party to bear their own costs']