Environment Protection Authority V Grantley Shane Douglass [1999] NSWLEC 68

Environment Protection Authority V Grantley Shane Douglass [1999] NSWLEC 68

The word "enforce" in s 20(2) of the Land and Environment Court Act 1979 is not limited to jurisdiction requiring a person to exercise a right, but also confers jurisdiction to make orders necessary to permit that right to be carried out; accordingly the Court had jurisdiction to entertain the EPA's class 4 application and note the respondent's undertakings.

Jurisdiction
Australia
Judgment Date
29 January 1999
Procedural Posture
Class 4 Application / Ex Tempore Judgment
Outcome
Upon the undertakings given by the respondent, the class 4 application was dismissed.
Legal Topics
['injunctions' 'remediation Activities' 'contaminated Premises' 'enforcement of Statutory Right']
['environmental Law' 'land and Environment Court Jurisdiction'] ['injunctions' 'remediation Activities' 'contaminated Premises' 'enforcement of Statutory Right']

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Procedural Posture

Class 4 Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the Land and Environment Court had jurisdiction under s 20(2)(a) of the Land and Environment Court Act 1979 to entertain proceedings seeking injunctions to restrain the respondent from hindering remediation activities.' 'Whether the word "enforce" in s 20(2) extends to orders necessary to permit a statutory right to be carried out.']

Ratio Decidendi

The word "enforce" in s 20(2) of the Land and Environment Court Act 1979 is not limited to jurisdiction requiring a person to exercise a right, but also confers jurisdiction to make orders necessary to permit that right to be carried out; accordingly the Court had jurisdiction to entertain the EPA's class 4 application and note the respondent's undertakings.

Court Disposition

Upon the undertakings given by the respondent, the class 4 application was dismissed.

Orders

  • ['The undertakings given by Mr Douglass in paragraphs 1, 2, 3 and 4 of the consent orders are noted.' 'Each party is to pay its own costs of these proceedings.' 'The matters set out in paragraphs A to D of the consent orders are noted.' 'Upon the undertakings given by the respondent the class 4 application is...