Environmental Management and Pollution Control (General) Regulations 2017 (TAS)

This case involved an application for a permit for the construction of a woodchip mill under the Environmental Management and Pollution Control (General) Regulations 2017 (TAS). The applicant sought a determination that the proposed activity was a low-risk activity, which would reduce the fees payable under the regulations. The primary legal issue was whether the activity met the criteria for a low-risk activity as defined in regulation 10 of the regulations. The court had to consider whether the applicant had substantially complied with any conditions imposed in respect of the permit, the size, scale, nature, and character of the works, and whether emission limits or emission monitoring requirements were conditions of the permit. The court also had to consider the proximity of the activity to sensitive land.

The court found that the activity did not meet the criteria for a low-risk activity. The applicant had not substantially complied with the conditions of the permit, and the activity was of a significant scale and nature that could potentially cause environmental harm. The court also noted that the activity was located in close proximity to sensitive land, which increased the risk of environmental harm. As a result, the application for a low-risk activity determination was refused.

The final orders of the court were that the application for a low-risk activity determination be refused, and that the applicant was liable for the fees associated with the permit application as a non-low-risk activity.