Eastern Waste Management Authority Inc v City of Tea Tree Gully Environment Protection Authority v Eastern Waste Management Authority Inc Nos. SCGRG 95/1599 and SCGRG 96/129 Judgment No. 5701 Number of Pages 16

Eastern Waste Management Authority Inc and the Environment Protection Authority appealed against decisions of the Environment Resources and Development Court. Eastern Waste had been granted a planning consent by the City of Tea Tree Gully to operate a household garbage dump at a disused quarry on Torrens Road, Highbury. The consent was subject to conditions, including a term of 25 years. The City of Tea Tree Gully and Eastern Waste also sought to enforce the consent against each other. In addition, Eastern Waste was granted an environmental authorisation to operate the dump, subject to conditions. The authorisation was to expire on 31 July 1996. The authorisation contained a condition that no waste could be stored, treated or disposed of at the depot after 11 January 1996, subject to any alteration or amendment to the planning consent. Eastern Waste sought a declaration that the 25 year term and the condition limiting the term of the planning consent were invalid and should be severed. The Environment Protection Authority appealed against the decision of the Environment Resources and Development Court to quash a condition of the environmental authorisation. The Full Court allowed the appeals. The Full Court held that the 25 year term of the planning consent was valid and could be severed from the remainder of the consent. The Full Court held that the part of the condition limiting the term of the planning consent was invalid and could be severed. The Full Court held that the condition of the environmental authorisation was invalid and could be severed from the remainder of the authorisation. The Full Court quashed the order that the condition of the environmental authorisation was invalid and left in place the order that it should be severed.