Paper Trade Processing (Aust) Pty Ltd trading as Paper Trade Processing (Aust) Pty Ltd v Environment Protection Authority

[2018] NSWLEC 1488

Land and Environment Court

New South Wales

Medium Neutral Citation:	Paper Trade Processing (Aust) Pty Ltd trading as Paper Trade Processing (Aust) Pty Ltd v Environment Protection Authority [2018] NSWLEC 1488
Hearing dates:	Conciliation conference on 14 September 2018
Date of orders:	14 September 2018
Decision date:	14 September 2018
Jurisdiction:	Class 1
Before:	Dixon SC
Decision:	See [4] below
Catchwords:	APPEAL: revocation of suspension of EPA licence; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Paper Trade Processing (Aust) Pty Ltd trading as Paper Trade Processing (Aust) Pty Ltd (Applicant) Environment Protection Authority (Respondent)
Representation:	Counsel: S Berveling (Applicant) Solicitors: G&B Lawyers (Applicant) E Bateman, Environment Protection Authority (Respondent)
File Number(s):	2018/237582
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. That the appeal is upheld;

2. That the Suspension Notice No. 1564881 issued by the Respondent and dated 31 July 2018 suspending Environment Protection Licence No. 21059 is revoked; and

3. That there be no order as to costs.

……………………….

Susan Dixon

Senior Commissioner of the Court

Decision last updated: 17 September 2018