Crush and Haul Pty Limited v Environment Protection Authority [2023] NSWLEC 60

Crush and Haul Pty Limited v Environment Protection Authority [2023] NSWLEC 60

Section 4.50(1) of the EPA Act does not compel the EPA to grant an environment protection licence irrespective of its statutory obligations and discretions under the POEO Act. The inconsistency provision in s 7(2)(a) of the POEO Act prevails, and the EPA retains the authority to refuse a licence application, or revoke a licence, if the applicant is not a fit and proper person. Granting general terms of approval under the EPA Act and granting a licence under the POEO Act are distinct statutory functions.

Parties
Applicant: Crush and Haul Pty Limited; Respondent: Environment Protection Authority
Jurisdiction
Australia
Judgment Date
08 June 2023
Procedural Posture
Judicial Review / Final Determination
Outcome
Application dismissed
Legal Topics
Statutory Interpretation, Integrated Development, Judicial Review, Development Consent, Environment Protection Licence, Fit and Proper Person Test
Environmental Law Administrative Law Planning Law Statutory Interpretation Integrated Development Judicial Review Development Consent Environment Protection Licence +1 more

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Parties

Crush and Haul Pty Limited

Applicant

Environment Protection Authority

Respondent

Procedural Posture

Judicial Review / Final Determination

Legal Issues

  1. 1 Whether, by operation of s 4.50(1) of the Environmental Planning and Assessment Act 1979, the EPA was required to issue an environment protection licence to Crush and Haul Pty Limited after granting general terms of approval in respect of development consent
  2. 2 Whether the statutory construction of s 4.50(1) EPA Act overrides the EPA's obligations and discretions under Chapter 3 of the Protection of the Environment Operations Act 1997 (POEO Act)
  3. 3 Whether the EPA is obliged or retains discretion to consider the 'fit and proper person' test after granting general terms of approval

Ratio Decidendi

Section 4.50(1) of the EPA Act does not compel the EPA to grant an environment protection licence irrespective of its statutory obligations and discretions under the POEO Act. The inconsistency provision in s 7(2)(a) of the POEO Act prevails, and the EPA retains the authority to refuse a licence application, or revoke a licence, if the applicant is not a fit and proper person. Granting general terms of approval under the EPA Act and granting a licence under the POEO Act are distinct statutory functions.

Court Disposition

Application dismissed

Orders

  • The summons dated 19 April 2023 is dismissed.
  • The applicant to pay the respondent's costs.