MET Recycling Pty Ltd v Environment Protection Authority [2017] NSWLEC 1459

MET Recycling Pty Ltd v Environment Protection Authority [2017] NSWLEC 1459

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, which was accepted by the Court as one it could have made in proper exercise of its functions; the Court was obliged to make orders in accordance with the agreement.

Source-derived case information.

Parties
Applicant: MET Recycling Pty Ltd; Respondent: Environment Protection Authority
Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Application for Environment Protection Licence / Conciliation Conference; Orders After Agreement
Outcome
Orders made to give effect to agreement under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
Environment Protection Licence, Conciliation Conference, Settlement, Court Disposal of Proceedings by Agreement
Environmental Law Environment Protection Licence Conciliation Conference Settlement Court Disposal of Proceedings by Agreement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

MET Recycling Pty Ltd

Applicant

Environment Protection Authority

Respondent

Procedural Posture

Application for Environment Protection Licence / Conciliation Conference; Orders After Agreement

Legal Issues

  1. 1 Whether the terms of agreement between the parties for the grant of an environment protection licence satisfy the requirements under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, which was accepted by the Court as one it could have made in proper exercise of its functions; the Court was obliged to make orders in accordance with the agreement.

Court Disposition

Orders made to give effect to agreement under s 34(3) of the Land and Environment Court Act 1979

Orders

  • The Environment Protection Authority (EPA) will, within 3 working days of receiving from the Applicant the Financial Assurance required by condition E1.2 as set out at Annexure A to this agreement, issue an environment protection licence to the Applicant in the form set out at 'Annexure A' to this agreement.
  • Each party pay their own costs.