Brown v Environment Protection Authority (Formerly State Pollution Control Commission)

The New South Wales Court of Appeal considered a dispute between Mr Brown and the Environment Protection Authority (formerly the State Pollution Control Commission) concerning the validity of a notice issued under the *Clean Air Act 1961* (NSW). Mr Brown sought to challenge the notice, which directed him to take certain steps to reduce air pollution from his premises.

The central legal issue before the Court of Appeal was whether the notice issued by the Authority was invalid due to a failure to comply with the procedural requirements of the *Clean Air Act 1961*. Specifically, the Court had to determine if the Authority had properly considered all relevant circumstances and had given Mr Brown adequate opportunity to be heard before issuing the notice.

The Court of Appeal found that the Authority had not adequately considered all relevant circumstances as required by the Act. It was held that the Authority's decision-making process was flawed because it had failed to take into account certain information provided by Mr Brown, which was material to the assessment of the pollution and the feasibility of proposed abatement measures. The Court emphasised the importance of procedural fairness in administrative decision-making, particularly when such decisions have significant consequences for individuals.

Consequently, the Court of Appeal allowed Mr Brown's appeal and declared the notice issued by the Environment Protection Authority to be invalid.