Slade v Kempsey Shire Council

Slade and others (the appellants) appealed to the Court of Appeal of the Supreme Court of New South Wales against a decision concerning the recovery of clean-up costs. The dispute arose after the Environment Protection Agency (EPA) issued a clean-up notice to the appellants in relation to a metal recycling site. When the appellants failed to comply with this notice, the EPA subsequently directed the respondent, Kempsey Shire Council, to undertake the clean-up. The Council then sought to recover its costs and expenses from the appellants.

The central legal issue before the Court of Appeal was whether any alleged non-compliance by the respondent Council with the EPA's notice to it prejudiced the Council's right to recover the costs and expenses it incurred in carrying out the clean-up from the appellants.

The Court of Appeal held that the Council's right to recover its costs and expenses was not affected by any alleged non-compliance with the EPA's notice. The Court reasoned that the statutory scheme under the *Contaminated Land Management Act 1997* (NSW) provided a clear mechanism for the recovery of clean-up costs from the polluter, irrespective of any procedural irregularities in the notice issued to the local council. The primary obligation to clean up the site rested with the appellants as the polluters, and their failure to comply with the EPA's initial notice triggered the Council's right to step in and recover its expenditure.

The appeal was dismissed, and the appellants were ordered to pay the costs of the appeal.