Hypro (Aust) Pty Ltd v Environment Protection Authority [2020] NSWLEC 106

Land and Environment Court New South Wales

Medium Neutral Citation: Hypro (Aust) Pty Ltd v Environment Protection Authority [2020] NSWLEC 106 Hearing dates: 30 July 2020 Date of orders: 04 August 2020 Decision date: 04 August 2020 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court: (1) Declares that the development carried out at 15 Box Avenue, Wilberforce in accordance with development consent DA0580/15 for the operation of a pet food manufacturing facility is not the activity of "general animal products production" or any of the other activities referred to in cl 23 of Part 1 of Schedule 1 to the Protection of the Environment Operations Act 1997. (2) Reserves the question of the costs of the proceedings. Catchwords: ENVIRONMENT AND PLANNING – environment protection licence – premises-based scheduled activity – pet food manufacture – whether scheduled activity of "general animal products production" – meaning of – activity does not require slaughter of animals to occur in the plant on the premises – activity does require manufacture of products derived from activity of slaughtering animals – applicant's pet food manufacturing not "general animal products production" Legislation Cited: Protection of the Environment Operations Act 1997 s 49, cll 1, 23 of Pt 1 to Sch 1 Interpretation Act 1987 ss 34, 35 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Hypro (Aust) Pty Ltd (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: Mr I Hemmings SC with Dr J Smith (Applicant) Submitting appearance (Respondent)