Calleija v Environment Protection Authority [2023] NSWLEC 1291

Calleija v Environment Protection Authority [2023] NSWLEC 1291

The parties reached agreement at a conciliation conference to vary directions 2 to 5 of the Supplementary Prevention Notice. The Court was satisfied on the evidence that the agreed decision was one the Court could have made in the proper exercise of its functions, so s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
14 June 2023
Procedural Posture
Class 1 Appeal Against a Supplementary Prevention Notice Issued Under Section 96 a of the Protection of the Environment Operations Act 1997 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Orders Made
Outcome
Appeal allowed; Supplementary Prevention Notice varied from 14 June 2023.
Legal Topics
['prevention Notice' 'variation of Notice' 'environmental Protection Licence' 'waste Storage and Recovery' 'conciliation Conference' 'agreed Orders']
['environmental Law' 'planning and Environment Litigation'] ['prevention Notice' 'variation of Notice' 'environmental Protection Licence' 'waste Storage and Recovery' 'conciliation Conference' 'agreed Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Supplementary Prevention Notice Issued Under Section 96 a of the Protection of the Environment Operations Act 1997 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Orders Made

Legal Issues

  1. 1 ['Whether the Supplementary Prevention Notice issued to the applicant under section 96A of the Protection of the Environment Operations Act 1997 should be varied.' "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."]

Ratio Decidendi

The parties reached agreement at a conciliation conference to vary directions 2 to 5 of the Supplementary Prevention Notice. The Court was satisfied on the evidence that the agreed decision was one the Court could have made in the proper exercise of its functions, so s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

Appeal allowed; Supplementary Prevention Notice varied from 14 June 2023.

Orders

  • ['The appeal is allowed.' 'In accordance with section 110 of the Protection of the Environment Operations Act 1997 and section 39 of the Land and Environment Court Act 1979, the Court varies from 14 June 2023, directions 2 to 5 of the Supplementary Prevention Notice issued to the applicant under section 96A of the...