Verde Terra Pty Ltd v Environment Protection Authority (No 3)

Verde Terra Pty Ltd brought proceedings against the Environment Protection Authority (EPA) in the Land and Environment Court of New South Wales. The dispute concerns the approval of a development application for a property owned by Verde Terra. The Court was asked to consider whether the EPA had the power to make a decision regarding the approval of the development application and whether the EPA's decision was lawful, correct, and procedurally fair. The EPA argued that it did not have the power to approve the development application as it was not a local council, but rather an agency with a specific role in environmental protection. Verde Terra argued that the EPA did have the power to approve the development application and that the EPA's decision was flawed.

The Court held that the EPA did not have the power to approve the development application as it was not a local council, but rather an agency with a specific role in environmental protection. The Court found that the EPA's decision to approve the development application was outside the scope of its powers and therefore invalid. The Court also found that the EPA's decision was not procedurally fair as it did not consider all relevant factors and did not provide reasons for its decision. The Court ordered that the EPA's decision be quashed and that the matter be remitted to the EPA for reconsideration in accordance with the relevant legislation. The Court also ordered that the Central Coast Council be joined as a party to the proceedings and that it file and serve its Statement of Facts and Contentions in Reply. The matter is set down for further directions before the Registrar.