Weston Aluminium Pty Limited v Alcoa Australia Rolled Products Pty Limited; Weston Aluminium Pty Limited v EPA & Anor

Weston Aluminium Pty Limited (Weston) sought judicial review of decisions made by the Environment Protection Authority (EPA) and Alcoa Australia Rolled Products Pty Limited (Alcoa). The dispute concerned the EPA's decision to grant Alcoa an environment protection licence for its Point Henry aluminium smelter, which Weston alleged would cause it significant harm. Weston also sought to restrain Alcoa from operating the smelter. The proceedings were heard in the High Court of Australia.

The High Court was required to determine whether the EPA had acted lawfully in granting the licence to Alcoa, particularly in relation to the potential impact on Weston's adjacent operations. A key issue was whether the EPA had properly considered the cumulative environmental impact of Alcoa's operations and whether its decision was affected by an error of law, specifically concerning the interpretation and application of relevant environmental protection legislation and policies. Weston also contended that the EPA had failed to afford it procedural fairness.

The Court found that the EPA's decision-making process, while complex, was not vitiated by a reviewable error of law. Gleeson CJ and Gummow J held that the EPA had taken into account the relevant considerations under the applicable legislation and policies, including the potential impact on surrounding land uses. They concluded that the EPA was not required to conduct a full environmental impact assessment of Weston's operations, nor was it obliged to resolve all potential conflicts between Alcoa and Weston. The Court also found that Weston had not been denied procedural fairness, as it had been given opportunities to make submissions.

Consequently, the High Court dismissed Weston Aluminium's application for judicial review and refused the injunction sought against Alcoa.