Epacris Pty Ltd v Director-General Department of Natural Resources (@179-07)

The dispute in *Epacris Pty Ltd v Director-General Department of Natural Resources* concerned the validity of a notice issued by the Director-General of the Department of Natural Resources under section 287 of the *Environmental Protection Act 1994* (Qld). Epacris Pty Ltd, the applicant, sought to challenge the Director-General's decision to issue the notice, which required the company to undertake certain works to remediate contaminated land. The matter came before the High Court of Australia.

The primary legal issue before the High Court was whether the notice issued by the Director-General was invalid for failing to comply with the requirements of section 287 of the *Environmental Protection Act 1994* (Qld). Specifically, the court had to determine whether the notice adequately identified the "environmental nuisance" and the "persons who caused or contributed to the environmental nuisance" as required by the legislation.

The High Court held that the notice was invalid. Gleeson CJ and Gummow J reasoned that section 287 required the Director-General to identify with sufficient particularity the environmental nuisance and the persons responsible. The notice in question was found to be deficient in this regard, as it did not clearly specify the nature of the nuisance or the extent of Epacris's contribution to it. The court emphasised that statutory powers must be exercised in accordance with the precise terms of the empowering legislation, and a failure to do so renders the exercise of that power invalid.

The High Court allowed the appeal and ordered that the appeal be dismissed.