Jet Group Australia Pty Ltd v Environment Protection Authority

[2018] NSWLEC 1326

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Jet Group Australia Pty Ltd v Environment Protection Authority [2018] NSWLEC 1326
Hearing dates:	Conciliation conference on 25 June 2018
Date of orders:	29 June 2018
Decision date:	29 June 2018
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Jet Group Australia Pty Ltd (Applicant) Environment Protection Authority (Respondent)
Representation:	Solicitors: R Wilcher, Hicksons Lawyers (Applicant) D Anderson, NSW Office of Water (Respondent)
File Number(s):	2016/154052
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Jet Group Australia Pty Ltd against a deemed refusal by the Environmental Protection Authority on 19 March 2016 of an Application dated 21 August 2015 for an Environmental Protection Licence for a Resource recovery Facility (composting and mulching) at 76 Nomad Road, Toronto.

2. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act. As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

3. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

4. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

5. The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. An environmental protection licence for the carrying out of a scheduled activity on Lot 91 in DP755207 known as 76 Nomad Road, Toronto is approved subject to the conditions in Annexure A.

3. The parties are to bear their own costs of these proceedings.

……………………….

G Brown

Commissioner of the Court

Annexure A (282 KB, pdf)

Amendments

04 July 2018 - Correction to typographical errors at [2]-[4]

04 July 2018 - Correction to decision maker