Paper Trade Processing (Aust) Pty Limited v Environment Protection Authority

[2018] NSWLEC 22

Land and Environment Court

New South Wales

Medium Neutral Citation:	Paper Trade Processing (Aust) Pty Limited v Environment Protection Authority [2018] NSWLEC 22
Hearing dates:	8 and 9 February 2018
Date of orders:	09 February 2018
Decision date:	09 February 2018
Jurisdiction:	Class 1
Before:	Moore J
Decision:	At [5]
Catchwords:	APPEAL - application for environment protection licence - issues resolved - development consent granted in related proceedings - licence granted
Cases Cited:	Paper Trade Processing (Aust) Pty Limited v Liverpool City Council {2018] NSWLEC 20
Category:	Principal judgment
Parties:	Paper Trade Processing (Aust) Pty Limited (Applicant) Environment Protection Authority (Respondent)
Representation:	Counsel: Dr S Berveling, barrister (Applicant) Mr S Nash, barrister (Respondent)   Solicitors: G&B Lawyers (Applicant) Environment Protection Authority (Respondent)
File Number(s):	47918 of 2017
Publication restriction:	No

EX TEMPORE Judgment

1. HIS HONOUR: This matter concerns an appeal by Paper Trade Processing (Aust) Pty Limited (the Applicant) against the refusal by the Environment Protection Authority (the EPA) to grant the Applicant an environment protection licence (EPL) for the operation of a waste and resource recovery facility to process and store 28,000 tonnes of materials per annum at 49 Heathcote Road, Moorebank.

2. One of the matters which had been of concern to Liverpool City Council (the Council), in Paper Trade Processing (Aust) Pty Limited v Liverpool City Council {2018] NSWLEC 20 proceedings (the Council proceedings) I have just determined, was the absence of an EPL being granted by the EPA.

3. I was informed by Mr Nash, counsel for the EPA, during the course of the site inspection, that the issues which had been in contention between the EPA and the Applicant had been resolved to the extent that they involved merit issues relating to waste management, air quality and odour, water management and other operational matters, those matters are also now resolved to the satisfaction of the EPA.

4. Finally, the granting by me of the development consent in the Council proceedings for the operation of the facility removes the remaining matter of concern to the EPA.

5. As a consequence, in these proceedings:

1. The appeal is upheld;

2. The applicant is granted an Environmental Protection Licence for use of 49 Heathcote Road, Moorebank as a waste and resource recovery facility to process and store 28,000 tonnes of material per annum, as in Annexure A; and

3. The exhibits, other than Exhibits A, B and 1, are returned.

Annexure A - EPL (216 KB, pdf)

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Decision last updated: 27 February 2018