N.Moit & Sons (NSW) Pty Ltd v Environment Protection Authority [2016] NSWLEC 1620

N.Moit & Sons (NSW) Pty Ltd v Environment Protection Authority [2016] NSWLEC 1620

The appeal was upheld in part and Environment Protection Licence 4849 was varied in accordance with the agreement reached between the parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld in part
Legal Topics
['financial Assurance' 'environment Protection Licence' 'conciliation Conference' 'agreement Between the Parties' 'orders']
['environmental Law'] ['financial Assurance' 'environment Protection Licence' 'conciliation Conference' 'agreement Between the Parties' 'orders']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the Environment Protection Licence conditions regarding financial assurance should be varied as agreed by the parties']

Ratio Decidendi

The appeal was upheld in part and Environment Protection Licence 4849 was varied in accordance with the agreement reached between the parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld in part

Orders

  • ['Appeal upheld in part.' 'Environment Protection Licence 4849 version dated 19 August 2016 is varied by replacing condition E1.1(b) with a new requirement for a $900,000 financial assurance in the form of an unconditional and irrevocable on demand guarantee from an Authorised Deposit-taking Institution operating in...