Slade v Kempsey Shire Council [2018] NSWCA 25

Slade v Kempsey Shire Council [2018] NSWCA 25

The Council's entitlement to recover clean-up costs under s 105 of the Protection of the Environment Operations Act 1997 (NSW) was not dependent on compliance with every requirement of the EPA’s clean-up notice under s 92(1); action taken under s 92(2) was adequate to substantiate the debt, and procedural arguments about the qualifications of the expert report could not be raised for the first time on appeal.

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['clean Up Notices' 'statutory Debts' 'public Authority Powers' 'appeals Procedure']
['environment and Planning'] ['clean Up Notices' 'statutory Debts' 'public Authority Powers' 'appeals Procedure']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the respondent Council's right to recover clean-up costs from the appellants under s 105 of the Protection of the Environment Operations Act 1997 (NSW) was conditional on compliance with the EPA's clean-up notice to it" 'Whether alleged non-compliance with a requirement for an asbestos assessment report prepared by a qualified hygienist affected recovery rights' 'Whether arguments not raised at first instance could be raised on appeal']

Ratio Decidendi

The Council's entitlement to recover clean-up costs under s 105 of the Protection of the Environment Operations Act 1997 (NSW) was not dependent on compliance with every requirement of the EPA’s clean-up notice under s 92(1); action taken under s 92(2) was adequate to substantiate the debt, and procedural arguments about the qualifications of the expert report could not be raised for the first time on appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']