LAND COURT OF QUEENSLAND
CITATION: QGC (Infrastructure) Pty Limited v Chief Executive
Department of Environment & Heritage Protection [2016] QLC 27PARTIES: QGC (Infrastructure) Pty Limited
(applicant)v Chief Executive, Department of Environment & Heritage Protection
(respondent)FILE NO: EPA174-13 DIVISION: General Division PROCEEDING: Appeal DELIVERED ON: 5 May 2016 DELIVERED AT: Brisbane HEARD ON: 10 June 2014 HEARD AT: Brisbane MEMBER: W L Cochrane ORDER: 1. Appeal Dismissed CATCHWORDS: Environmental Protection Act 1994 (Reprint 11A) Environmental Protection Regulation (Reprint 2F) Petroleum and Gas (Production and Safety) Act 2004 (Reprint 5G); Conditions of Approval; Prohibition APPEARANCES: Mr P L O’Shea QC with Mr J D Houston for the applicant, instructed by Corrs Chambers Westgarth.
Mr M D Hinson QC with Mr R Laidely for the respondent, instructed by the Litigation Unit of the Department of Environment and Heritage Protection.
This is the decision in respect of an appeal by the applicant QGC (Infrastructure) Pty Limited (“QGC”) against conditions imposed by the respondent Department of Environment & Heritage Protection (“DEHP”) in respect of an environmental authority (“EA”) issued pursuant to the provisions of the Environmental Protection Act 1994 (“EP Act”) in respect of petroleum pipeline licences issued pursuant to the Petroleum and Gas (Production and Safety) Act 2004 (“P&G Act”).
As appears from the notice of appeal filed in the Court the decision against which the appeal is brought is described in the following way:
“The decision contained in the Statement of Reasons (see Attachment 1) in relation to the decision to impose a condition on the Level 1 Environmental Authority (Chapter 5A activities) PEN105338512 other than a condition that is the same, or is to the same effect as the condition agreed to or requested, delivered by the Executive Director, Energy Resources, as delegate of the administering authority, Department of Environment and Heritage Protection, delivered 29 April 2013.
The grounds of appeal are identified as:
The applicant appeals against conditions (A1), (A1A) and (A1C) of the Environmental Authority on the grounds that they are:
•Beyond power; and / or
•Neither necessary nor desirable.
The relief sought in the appeal is that the applicants seeks amendment of the conditions to remove the limitations imposed by the conditions on the scope of petroleum activities which the applicant would otherwise be authorised to carry out.”
Factual Background
In or about July 2012 QCG made application to the then Department of Natural Resources and Mines (DNRM) for what is described as a “point to point” Petroleum Pipeline Licence (“PPL”) for a gas pipeline to run from a site described as “The Polaris” Field Compression Station (“FCS”) which is located west of Wandoan to the Woleebee Creek Central Processing Plant (“CPP”).
That application was made pursuant to the provisions of s 409 of the P&G Act and that application became referenced as PPL 175.[1]
[1] Exhibit 1, p. 183.
On 30 October 2012 QGC lodged an amendment to the application pursuant to the provisions of s 844 of the P&G Act.[2]
[2] Exhibit…
Keep reading for free
Create a free CaseChat account to read QGC (Infrastructure) Pty Limited v Chief Executive and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] QLC 27
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the Chief Executive had the authority to impose the conditions in question and whether such conditions were consistent with the statutory requirements and objectives of the Environmental Protection Act 1994. The court had to consider the statutory provisions and the broader policies guiding the administration of environmental regulations, including the need for clarity and consistency in the approval process.
The court found that the Chief Executive had the statutory authority to impose the conditions in question. The conditions were deemed necessary to ensure that environmental authorities clearly specified the activities approved, thereby enhancing usability and avoiding confusion. The court emphasised that the conditions aligned with the overall scheme of the Environmental Protection Act and served the policy objectives of efficient and effective environmental regulation. The court concluded that the imposition of these conditions was lawful and appropriate, dismissing QGC’s appeal.
Accordingly, the court dismissed the appeal brought by QGC (Infrastructure) Pty Limited against the decision of the Chief Executive. The Chief Executive’s imposition of conditions A1, A1A, and A1C in the environmental approval documents for petroleum activities was upheld as lawful and consistent with the statutory framework and policy objectives.
Orders
Orders of the court
1. Appeal Dismissed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.