Environment Protection Authority v John Michelin & Son Pty Ltd

In the Supreme Court of Victoria, Environment Protection Authority (EPA) sued John Michelin & Son Pty Ltd (Michelin) for alleged breaches of the Environment Protection Act 2017 (Vic) (EPA Act). The EPA accused Michelin of non-compliance with permit conditions concerning the treatment and disposal of waste at their manufacturing facility. Michelin denied the allegations and the matter proceeded to trial.

The central legal issues were whether Michelin had indeed breached the permit conditions and, if so, the appropriate remedy. The EPA argued Michelin had failed to treat and dispose of waste in accordance with the permit conditions. Michelin contended that it had taken reasonable steps to comply with the permit conditions and that any breaches were minor and not deliberate. The court had to determine the factual breaches, if any, and the meaning and scope of the permit conditions, as well as the appropriate remedy.

The court held that Michelin had breached the permit conditions by failing to ensure that waste was treated and disposed of in compliance with the permit. The court found that Michelin's approach to compliance was inadequate and that the breaches were not minor. The court considered the seriousness of the breaches, the impact on the environment, and Michelin's history of compliance. It ordered Michelin to pay a fine and to take specific steps to remedy the breaches and prevent future non-compliance. The court emphasised the importance of strict compliance with environmental permits and the need for ongoing monitoring and reporting.