Holmes v Environment Protection Authority [2021] NSWLEC 1384

Holmes v Environment Protection Authority [2021] NSWLEC 1384

The parties' agreed amendments to Environment Protection Licence No. 3372 were within the Court's powers on the appeal, the appeal was commenced within time, the EPA had power to issue the licence variation, and the amended conditions addressed the dust monitoring and noise pollution contentions with sufficient information from the Noise Impact Assessment and Noise Monitoring Plan. Because the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Class 1 Appeal Against Variation of Environment Protection Licence No. 3372 Under S 287(1) of the Protection of the Environment Operations Act 1997 / Conciliation Conference; Parties Reached Agreement; Orders Made Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Environment Protection Licence No. 3372 varied in accordance with the agreed terms and Annexure B.
Legal Topics
['variation of Environment Protection Licence' 'quarry Operations' 'noise Pollution' 'dust Monitoring' 'conciliation Conference Agreement']
['environmental Law' 'land and Environment Court Procedure'] ['variation of Environment Protection Licence' 'quarry Operations' 'noise Pollution' 'dust Monitoring' 'conciliation Conference Agreement']

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Procedural Posture

Class 1 Appeal Against Variation of Environment Protection Licence No. 3372 Under S 287(1) of the Protection of the Environment Operations Act 1997 / Conciliation Conference; Parties Reached Agreement; Orders Made Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the appeal against the Notice of Variation of Environment Protection Licence No. 3372 should be upheld and the licence varied in the terms agreed by the parties.' "Whether the parties' agreed decision was one that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the relevant jurisdictional prerequisites for varying the environment protection licence were satisfied, including consideration of EPA objectives, pollution impacts, practical mitigation measures, and whether the variation would authorise a significant increase in environmental impact.']

Ratio Decidendi

The parties' agreed amendments to Environment Protection Licence No. 3372 were within the Court's powers on the appeal, the appeal was commenced within time, the EPA had power to issue the licence variation, and the amended conditions addressed the dust monitoring and noise pollution contentions with sufficient information from the Noise Impact Assessment and Noise Monitoring Plan. Because the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Environment Protection Licence No. 3372 varied in accordance with the agreed terms and Annexure B.

Orders

  • ['The appeal is upheld.' 'Environment Protection Licence No. 3372 concerning Clovass Quarry, Clovass Road, Casino NSW 2470 is varied by deleting the location description for dust monitoring gauge 2 in Condition P1.1 and inserting: "DDGO2 – located on Pearce\'s property approximately 410m to the east of the Quarry as...