Eco Cycle Materials Pty Ltd v Environment Protection Authority [2022] NSWLEC 1580

Eco Cycle Materials Pty Ltd v Environment Protection Authority [2022] NSWLEC 1580

The licence variation could be granted because the revised variation was within the premises' existing development consent, did not require further public submissions under s 58(6), satisfied the relevant s 45 considerations, promoted the objectives of the POEO Act, POEA Act, WARR Act and NSW 2021 Waste Strategy, and the evidence did not establish any risk of material environmental harm from accepting soils subject to the proposed lead limits and management controls. The Court preferred Mr Mitchell's evidence that the site was well managed and that the draft Materials Management Plan and existing controls were adequate. It was unnecessary and unworkable to make the licence conditions...

Jurisdiction
Australia
Judgment Date
21 October 2022
Procedural Posture
Class 1 Appeal Under S 287 of the Protection of the Environment Operations Act 1997 Against Refusal of a Licence Variation Application / Merits Determination
Outcome
Appeal upheld; licence variation application granted consent.
Legal Topics
['environment Protection Licence Variation' 'waste Processing and Storage' 'resource Recovery and Recycling Facility' 'general Solid Waste (non Putrescible)' 'lead Concentration Limits' 'resource Recovery Orders and Exemptions']
['environmental Law' 'planning and Environment Law'] ['environment Protection Licence Variation' 'waste Processing and Storage' 'resource Recovery and Recycling Facility' 'general Solid Waste (non Putrescible)' 'lead Concentration Limits' 'resource Recovery Orders and Exemptions']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 287 of the Protection of the Environment Operations Act 1997 Against Refusal of a Licence Variation Application / Merits Determination

Legal Issues

  1. 1 ['Whether, on the merits, the Court should grant the licence variation to vary Condition L2 of EPL 10699.' 'Whether s 50(2) of the Protection of the Environment Operations Act 1997 precluded the licence variation because of development consent requirements.' 'Whether s 58(6) of the Protection of the Environment Operations Act 1997 required public submissions before variation of the licence.' 'Whether permitting soil with lead concentration governed by Table 2 of the Waste Classification Guidelines for General Solid Waste would create a risk of material environmental harm.' 'Whether ECORR needed to have a supply agreement under an existing Resource Recovery Order or Resource Recovery Exemption before receiving material containing lead above CT1 levels.']

Ratio Decidendi

The licence variation could be granted because the revised variation was within the premises' existing development consent, did not require further public submissions under s 58(6), satisfied the relevant s 45 considerations, promoted the objectives of the POEO Act, POEA Act, WARR Act and NSW 2021 Waste Strategy, and the evidence did not establish any risk of material environmental harm from accepting soils subject to the proposed lead limits and management controls. The Court preferred Mr Mitchell's evidence that the site was well managed and that the draft Materials Management Plan and existing controls were adequate. It was unnecessary and unworkable to make the licence conditions...

Court Disposition

Appeal upheld; licence variation application granted consent.

Orders

  • ['The appeal is upheld.' 'Licence variation application no. 1599923 to vary Condition L2 of EPL 10699 is granted consent in accordance with the terms in Annexure A.' 'The exhibits are returned, except for A, B, E and 3.']