Holmes v Environment Protection Authority [2021] NSWLEC 1384

Land and Environment Court New South Wales

Medium Neutral Citation: Holmes v Environment Protection Authority [2021] NSWLEC 1384 Hearing dates: Conciliation conference on 16 February 2021, 26 April 2021, and 21 June 2021 Date of orders: 2 July 2021 Decision date: 02 July 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: See orders at [7] below Catchwords: VARIATION OF ENVIRONMENT PROTECTION LICENCE – appeal on conditions – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, ss 17(a), 34 and 39 Protection of the Environment Administration Act 1991, s 6 Protection of the Environment Operations Act 1997, ss 43(b), 45(a)-(c), 55(1), 58(1), 287(1)-(2) and 292(1)-(2) Texts Cited: EPA of NSW 'Noise Policy for Industry', October 2017 Category: Principal judgment Parties: Reginald Kevin Holmes (First Applicant) Beverley Patricia Holmes (Second Applicant) Environment Protection Authority of NSW (Respondent) Representation: Counsel: L Sims (Applicants) R Withana (Respondent)

Solicitors: McCartney Young Lawyers (Applicants) Environment Protection Authority of NSW (Respondent) File Number(s): 2020/299512 Publication restriction: No

Judgment 1. COMMISSIONER: The Applicants hold Environment Protection Licence No. 3372 (EPL 3372) issued by the Environment Protection Authority of NSW (EPA) pursuant to s 55(1) of the Protection of the Environment Operations Act 1997 (POEO Act) over the premises being Lot 1 Deposited Plan 392047 known as Clovass Quarry, Clovass Road, Casino, NSW 2470. 1. The Applicants operate a commercial quarry at the premises pursuant to Development Consent DA26/80 issued by the then Shire of Richmond River (now Richmond Valley Council) dated 25 February 1980. 2. The Applicants jointly hold EPL 3372 for the premises of the Clovass Quarry which has an annual extraction limit of 500,000 tonnes. 3. On 28 September 2020, the EPA issued a Notice of Variation of EPL 3372 (EPL Variation) to the Applicants under s 58(5) of the POEO Act, which had the effect of varying a number of conditions of the EPL. 4. These proceedings were commenced on 19 October 2020, and are an appeal against the EPL Variation under s 287(1) of the POEO Act. 5. The proceedings fall under Class 1 of the Court's jurisdiction pursuant to s 17(a) of the Land and Environment Court Act 1979 (LEC Act). 6. The statutory functions to be exercised in determining the proceedings are s 292(1)-(2) of the POEO Act and ss 34(3) and 39 of the LEC Act.