The Australian Steel Company (Operations) Pty Ltd and Minister for the Environment and Water

This matter came before Dr Damien Cremean, Senior Member of the Tribunal, concerning an application by The Australian Steel Company (Operations) Pty Ltd (TASCO) for the Tribunal to conduct a view of Nyrstar's facility in Port Pirie, South Australia. The dispute centred on whether such an inspection was necessary or appropriate at that stage of the proceedings.

The primary legal issue before the Tribunal was whether to grant TASCO's application for a physical inspection of the interstate industrial facility. This required the Tribunal to consider the utility of such a view in understanding the questions raised and following the evidence, particularly in the absence of any formal evidence having been heard or witnesses examined. A further consideration was the significant occupational health and safety implications associated with inspecting a working industrial plant, including the potential complexities of Commonwealth and State laws, insurance, and liability for any injuries.

The Senior Member considered the precedent set in *Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 2)*, where an inspection was allowed. However, he distinguished the present case, finding that a view at that juncture would not assist in understanding the questions or following the evidence, as no evidence had yet been presented. He expressed concern about prejudging the nature of the evidence and questions by assuming a view would be necessary. The Tribunal also highlighted significant uncertainties regarding occupational health and safety requirements, the application of relevant laws, potential insurance liabilities, and the need for special safety equipment, none of which had been adequately addressed by the applicant.

Consequently, the Tribunal refused TASCO's application for a view of the facility. The Senior Member also declined TASCO's offer to cover the out-of-pocket costs for the Tribunal and other parties to attend the view, up to $3,500 per party.