Bartter Enterprises Pty Ltd v Environment Protection Authority

Bartter Enterprises Pty Ltd appealed against a decision of the Environment Protection Authority (EPA) that found the company guilty of an offence under the Protection of the Environment Operations Act 1997 (POEA) for failing to comply with a condition of their environment protection licence. The condition required the company to maintain plant in a proper and efficient condition. The dispute arose when ammonia gas was released during upgrade works due to a failure in the circuit piping. The company argued that the term "maintain" did not require them to prevent the release of ammonia gas during the upgrade works.

The court was required to decide the meaning of the term "maintain" in the context of the condition of the environment protection licence. The court considered the ordinary and natural meaning of the term and examined the purpose of the licence condition. The court also considered the decision in Genkem Pty Ltd v Environment Protection Authority, where the court held that the term "maintain" in a similar licence condition required the company to take all reasonable steps to ensure that the plant was maintained in a proper and efficient condition.

The court found that the term "maintain" required the company to take all reasonable steps to ensure that the plant was maintained in a proper and efficient condition. The court held that the company was required to prevent the release of ammonia gas during the upgrade works. The court found that the company failed to take all reasonable steps to prevent the release of ammonia gas and therefore breached the condition of the licence. The court dismissed the appeal and upheld the decision of the EPA.

The court did not make any further orders.