Land and Environment Court
New South Wales
Medium Neutral Citation: JET Group Australia Pty Ltd v Environment Protection Authority (No 2) [2024] NSWLEC 1570 Hearing dates: 6-7 June 2024; final submissions on 20 June 2024 Date of orders: 16 September 2024 Decision date: 16 September 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders:
(1) The appeal is upheld.
(2) The Notice of Suspension of Licence No. 21027 is amended as shown in Annexure A (bearing Notice No. 1643164).
Catchwords: APPEAL – Protection of the Environment Operations Act 1997, s 287 – suspension of environment protection licence – amended suspension notice
Cases Cited: JET Group Australia Pty Ltd v Environment Protection Authority [2024] NSWLEC 1532
Category: Principal judgment Parties: JET Group Australia Pty Ltd (Applicant)
Environment Protection Authority (Respondent)Representation: Counsel:
Solicitors:
M Seymour (Applicant)
J Reid (Respondent)
Keypoint Law (Applicant)
Environment Protection Authority (Respondent)
File Number(s): 2023/174985 Publication restriction: Nil
JUDGMENT
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On 29 August 2024, I handed down my reasons for judgment in the Class 1 appeal, JET Group Australia Pty Ltd v Environment Protection Authority [2024] NSWLEC 1532 (JET Group). At [64] of JET Group, I directed the parties to prepare an updated version of the Suspension Notice in accordance with my reasons for judgment and to provide a copy to the Court within 14 days.
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As I am satisfied after review that the updated Suspension Notice provided on 12 September 2024 is acceptable, I now make the following orders.
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The Court orders:
The appeal is upheld.
The Notice of Suspension of Licence No. 21027 is amended as shown in Annexure A (bearing Notice No. 1643164).
……………………..
S Dixon
Senior Commissioner of the Court
Annexure A (1302609, pdf)
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- AGLC
- JET Group Australia Pty Ltd v Environment Protection Authority (No 2) [2024] NSWLEC 1570
- Case
- [2024] NSWLEC 1570
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court included whether the EPA had the authority to suspend JET Group's waste treatment licence, and if the EPA's decision was reasonable and lawful under the POEO Act. Additionally, the Court had to consider the adequacy of the reasons provided by the EPA for the suspension, and whether the decision-making process complied with relevant statutory requirements and principles of natural justice.
The Court found that the EPA had the authority to suspend the waste treatment licence but determined that the EPA's decision was not reasonable and lawful. The Court held that the EPA had not provided sufficient reasons for the suspension, and the decision-making process did not comply with the statutory requirements and principles of natural justice. Consequently, the Court concluded that the EPA's decision was flawed and ordered the appeal to be upheld, amending the Notice of Suspension of Licence accordingly.
Orders
Orders of the court
The Court orders:
(1) The appeal is upheld.
(2) The Notice of Suspension of Licence No. 21027 is amended as shown in Annexure A (bearing Notice No. 1643164).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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