Bartter Enterprises Pty Ltd v Environment Protection Authority [2022] NSWCCA 43

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bartter Enterprises Pty Ltd v Environment Protection Authority [2022] NSWCCA 43 Hearing dates: 18 February 2022 Date of orders: 2 March 2022 Decision date: 02 March 2022 Before: Basten JA at [1]; Davies J at [33]; Dhanji J at [38] Decision: Appeal dismissed. Catchwords: ENVIRONMENT AND PLANNING – offences – appeal – failure to comply with condition of environment protection licence – condition to maintain plant in a proper and efficient condition – meaning of "maintain" – release of ammonia gas during upgrade works – circuit piping not able to contain ammonia – Genkem Pty Ltd v Environment Protection Authority (1994) 35 NSWLR 33 applied Legislation Cited: Clean Air Act 1961 (NSW), s 14 Protection of the Environment Operations Act 1997 (NSW), s 64 Cases Cited: Environment Protection Authority v Bartter Enterprises Pty Ltd (No 4) [2021] NSWLEC 45 Genkem Pty Ltd v Environmental Protection Authority (1994) 35 NSWLR 33 Category: Principal judgment Parties: Bartter Enterprises Pty Ltd (Appellant) Environment Protection Authority (Respondent) Representation: Counsel: Mr T Howard SC / Dr J Smith (Appellant) Mr D Buchanan SC / Ms G E Lewer

Solicitors: Hones Lawyers (Appellant) Legal Services Branch, Environment Protection Authority (Respondent) File Number(s): 2019/201063 Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Class 5 Citation: [2020] NSWLEC 114 Date of Decision: 12 August 2020 Before: Duggan J File Number(s): 2019/201063