SITA AUSTRALIA PTY LTD and WHEATBELT JOINT DEVELOPMENT ASSESSMENT PANEL

SITA Australia Pty Ltd, along with the Wheatbelt Joint Development Assessment Panel, sought approval for a proposed waste landfill development in a rural area. The case before the court involved a review of the amended proposal for what is termed a 'putrescible landfill'. The Department of Environment Regulation (DER) had indicated that it would approve the works subject to extensive conditions. The primary legal issues were whether the proposed landfill constituted a 'noxious industry', and whether it was a permissible land use under the Town Planning Scheme. Additionally, the court had to determine if approval should be granted in the absence of strategic planning for the wider regional area, including the site.

The court considered the unanimous agreement of environmental experts that the proposal posed no threat to groundwater and hydrological issues. It also noted the consensus among experts on planning and local amenity issues, which indicated that approval was warranted. The court acknowledged that the DER's conditions would significantly regulate the facility. However, the court expressed concern about the duplication and overlapping of planning conditions with those imposed by other regulatory bodies. Furthermore, the court highlighted the role of the Shire in formulating appropriate conditions to ensure orderly and proper planning.

In conclusion, the court allowed the review and granted conditional approval for the landfill development. The court observed that while the proposal did not constitute a noxious industry and was a permissible land use, the absence of strategic planning for the regional area was a matter of concern. The court imposed conditions to regulate the facility and mitigate any potential environmental impact. The final orders included the review being allowed and conditional approval being granted for the landfill development, subject to the specified conditions.