Scott Greenwood v Environment Protection Authority [2025] NSWLEC 1051

Scott Greenwood v Environment Protection Authority [2025] NSWLEC 1051

The Court concluded the EPA's variation went too far in restricting the receipt of 'building and demolition waste' for resource recovery and waste storage, given the development consent history and past licensing. Environmental risks can be managed through detailed conditions rather than categorical prohibition. However, a staged imposition of stricter waste storage limits and prevention of certain types ('asphalt', 'office and packaging waste', 'waste tyres') is appropriate. 'Waste disposal (application to land)' should remain excluded until the landfill cell is constructed and approved. The appeal is allowed in part and the variation is to proceed on amended, conditional terms in...

Parties
Applicant: Scott Greenwood; Respondent: Environment Protection Authority
Jurisdiction
Australia
Judgment Date
30 January 2025
Procedural Posture
Appeal Against Variation of an Environment Protection Licence (class 1 Merit Appeal) / Judgment on Appeal
Outcome
Appeal upheld in part
Legal Topics
Environment Protection Licences, Waste Management, Licence Variations, Landfill Operations, Land and Environment Court Procedures
Environmental Law Administrative Law Environment Protection Licences Waste Management Licence Variations Landfill Operations Land and Environment Court Procedures

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Parties

Scott Greenwood

Applicant

Environment Protection Authority

Respondent

Procedural Posture

Appeal Against Variation of an Environment Protection Licence (class 1 Merit Appeal) / Judgment on Appeal

Legal Issues

  1. 1 Whether the EPA's 2024 Licence Variation appropriately limited or permitted types of waste received at the Greenwood Landfill
  2. 2 Whether the variation should allow receipt of 'building and demolition waste' and other types for resource recovery
  3. 3 Whether the removal of 'waste disposal (application to land)' was justified until the landfill cell is approved

Ratio Decidendi

The Court concluded the EPA's variation went too far in restricting the receipt of 'building and demolition waste' for resource recovery and waste storage, given the development consent history and past licensing. Environmental risks can be managed through detailed conditions rather than categorical prohibition. However, a staged imposition of stricter waste storage limits and prevention of certain types ('asphalt', 'office and packaging waste', 'waste tyres') is appropriate. 'Waste disposal (application to land)' should remain excluded until the landfill cell is constructed and approved. The appeal is allowed in part and the variation is to proceed on amended, conditional terms in...

Court Disposition

Appeal upheld in part

Orders

  • The appeal is upheld in part.
  • The variation notice no. 1636139 of EPL 4669 for the 'Greenwood Landfill' is granted consent in accordance with the terms in Annexure A.