MET Recycling Pty Ltd v Environment Protection Authority

[2017] NSWLEC 1459

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

MET Recycling Pty Ltd v Environment Protection Authority [2017] NSWLEC 1459

Hearing dates:

Conciliation Conference on 3 august 2017

Date of orders:

25 August 2017

Decision date:

25 August 2017

Jurisdiction:

Class 1

Before:

Martin SC

Decision:

See (4) below

Catchwords:

APPLICATION FOR ENVIRONMENT PROTECTION LICENCE: conciliation conference; agreement between the parties; orders

Legislation Cited:

Land and Environment Court Act 1979

Cases Cited:

Nil

Texts Cited:

Nil

Category:

Principal judgment

Parties:

MET Recycling Pty Ltd (Applicant)
Environmental Protection Agency (Respondent)

Representation:

Counsel:

Dr Steven Berveling, Barrister (Applicant)
Mr Scott Nash, Barrister (Respondent)

Solicitors:
Mr N Buckley (Applicant)
Mr G Plath (Respondent)

File Number(s):

56222 of 2017

Publication restriction:

No

Judgment

1. COMMISSIONER: 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”.

2. 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.

3. 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.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The parties agree that the Environment Protection Authority (EPA) will, within 3 working days of receiving from the Applicant the Financial Assurance required by condition E1.2 as set out at Annexure A to this agreement, issue an environment protection licence to the Applicant in the form set out at ‘Annexure A’ to this agreement.

2. Each party pay their own costs.

…………….

Rosemary Martin

Senior Commissioner

56222.17 (Annexure A) (8.08 MB, pdf)

Amendments

25 August 2017 - Representation amended

28 August 2017 - Amendment to catchwords