Solveco Pty Limited v Environment Protection Authority [2019] NSWLEC 1068

Solveco Pty Limited v Environment Protection Authority [2019] NSWLEC 1068

Because the parties reached agreement after the conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, 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
18 February 2019
Procedural Posture
Class 1 Appeal Against Variation of Environment Protection Licence Conditions / Final Orders Following Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Environment Protection Licence variation amended in accordance with the parties' agreement.
Legal Topics
['environment Protection Licence' 'variation of Licence Conditions' 'appeal From Environment Protection Authority Decision' 'conciliation Conference' 'consent Orders']
['environmental Law' 'administrative Law'] ['environment Protection Licence' 'variation of Licence Conditions' 'appeal From Environment Protection Authority Decision' 'conciliation Conference' 'consent Orders']

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Procedural Posture

Class 1 Appeal Against Variation of Environment Protection Licence Conditions / Final Orders Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached after a conciliation conference." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached agreement after the conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, 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 upheld; Environment Protection Licence variation amended in accordance with the parties' agreement.

Orders

  • ['The appeal is upheld.' 'The varied condition O5.8 in the Notice of Variation of Licence No. 5661 (bearing notice number 1566633) is varied by replacing that condition with conditions O5.8.1 and O5.8.2 concerning limits on liquid stored in containers and residue-only drums and intermediate bulk containers.' 'The...