Scott Greenwood v Environment Protection Authority

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Scott Greenwood v Environment Protection Authority [2025] NSWLEC 1051

Hearing dates:

9 and 10 December 2024

Date of orders:

30 January 2025

Decision date:

30 January 2025

Jurisdiction:

Class 1

Before:

Young AC

Decision:

The Court orders that:

(1) The appeal is upheld in part.

(2) The variation notice no. 1636139 of EPL 4669 for the ‘Greenwood Landfill’ is granted consent in accordance with the terms in Annexure A.

(3) All the Exhibits are returned except Exhibits B and 2.

Catchwords:

ENVIRONMENT PROTECTION LICENCE – existing resource recovery and recycling facility appealing variation of the environment protection licence

Legislation Cited:

Environmental Planning and Assessment Act 1979

Land and Environment Court Act 1979, ss 17, 39

Protection of the Environment Operations Act 1997, Pt 3, ss 3, 45, 50, 58, 83, 287

Protection of the Environment Administration Act 1991, s 6

Waste Avoidance and Resource Recovery Act 2001

Category:

Principal judgment

Parties:

Scott Greenwood (Applicant)
Environment Protection Authority (Respondent)

Representation:

Counsel:
R O’Gorman-Hughes (Applicant)
M Dalla-Pozza (Respondent)

Solicitors:
M Flaherty (Applicant)
Environment Protection Authority (Respondent)

File Number(s):

2024/305354

Publication restriction:

Nil

Judgment

Introduction

1. Mr Scott Greenwood (the Applicant) holds Environment Protection Licence 4669 (EPL) for the ‘Greenwood Landfill’, which is a waste recovery and recycling facility located at 9994 Mona Vale Rd, Belrose, NSW (the premises).

2. On 29 July 2024, the Environment Protection Authority (EPA) varied the licence under s 58 of the Protection of the Environment Operations Act 1997 (POEO Act) by issuing Licence Variation Notice No. 1636139 (2024 Licence Variation). The licence in force immediately prior to the 2024 Licence Variation was dated 15 November 2021 (2021 Licence).

3. On 19 August 2024, the Applicant, pursuant to s 287 of the POEO Act, filed an appeal of the conditions attached to the 2024 Licence (as imposed by the 2024 Licence Variation).

4. These proceedings fall within the Court’s Class 1 jurisdiction pursuant to s 17(a) of the Land and Environment Court Act 1979 (LEC Act). Section 39 of the LEC Act provides that, in the course of an appeal in Class 1 of the Court’s jurisdiction, the Court exercises the functions and discretions of the person whose decision is the subject of the appeal. In this case, the relevant functions and discretions are the EPA’s licensing functions under Part 3 of the POEO Act.

5. On 9 October 2024, the Court granted a stay to the following conditions of the 2024 Licence Variation pending the hearing of the Class 1 proceedings on 9 and 10 December 2024 (these proceedings):

1. Stay the insertion of the (new) Condition L2.2 by the 2024 Licence Variation, to the extent that it relates to Stockpile 26, as marked on the map at Condition A2.2.

2. Stay the amendment of Condition L2.1 by the 2024 Licence Variation, to the extent that it prevents the receipt of:

1. building and demolition waste;

2. office and packaging waste;

3. waste tyres; and

4. asphalt waste.

3. Stay the deletion of Conditions L2.5 to…