Verde Terra Pty Ltd v Environment Protection Authority (No 3) [2018] NSWLEC 161

Verde Terra Pty Ltd v Environment Protection Authority (No 3) [2018] NSWLEC 161

Central Coast Council should be joined as a respondent because, as the local planning and water supply authority, it has statutory responsibilities under the Environmental Planning and Assessment Act and Water Management Act directly engaged by the proposed landfill variation, and its participation is necessary to resolve all matters in dispute in the proceedings.

Parties
Applicant: Verde Terra Pty Ltd; Respondent: Environment Protection Authority; Second Respondent (joined by Order): Central Coast Council
Jurisdiction
Australia
Judgment Date
18 October 2018
Procedural Posture
Class 1 Appeal Against Refusal of Environment Protection Licence Variation / Joinder Motion Decision
Outcome
Central Coast Council joined as Second Respondent; procedural orders made; costs reserved.
Legal Topics
Joinder of Parties, Environment Protection Licences, Landfill Regulation, Water Management, Development Consent Under Ep&a Act
Environmental Law Administrative Law Civil Procedure Joinder of Parties Environment Protection Licences Landfill Regulation Water Management Development Consent Under Ep&a Act

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Parties

Verde Terra Pty Ltd

Applicant

Environment Protection Authority

Respondent

Central Coast Council

Second Respondent (joined by Order)

Procedural Posture

Class 1 Appeal Against Refusal of Environment Protection Licence Variation / Joinder Motion Decision

Legal Issues

  1. 1 Whether Central Coast Council should be joined as a respondent under r 6.24(1) UCPR
  2. 2 Whether Council requires development consent for proposed landfill activities
  3. 3 Whether proposed landfill variation poses unacceptable risk to water supply

Ratio Decidendi

Central Coast Council should be joined as a respondent because, as the local planning and water supply authority, it has statutory responsibilities under the Environmental Planning and Assessment Act and Water Management Act directly engaged by the proposed landfill variation, and its participation is necessary to resolve all matters in dispute in the proceedings.

Court Disposition

Central Coast Council joined as Second Respondent; procedural orders made; costs reserved.

Orders

  • Central Coast Council is joined as Second Respondent pursuant to r 6.24(1) UCPR.
  • Council to file and serve its Statement of Facts and Contentions in Reply by 19 October 2018.