MET Recycling Pty Ltd v Environment Protection Authority [2022] NSWLEC 1378

Land and Environment Court New South Wales

Medium Neutral Citation: MET Recycling Pty Ltd v Environment Protection Authority [2022] NSWLEC 1378 Hearing dates: Conciliation conference on 6 April 2022, 284 April 2022, 24 May 2022, 8 June 2022, and 28 June 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Environment Protection Licence No 20948 is varied by amending condition L3.1 and inserting condition L3.2 to permit for the 24 hour, 7 days per week operation of the part of the land identified as Lease Area 4 and known as 134 Newton Street North (corner of Carnarvon Street and Newton Street North), Silverwater, subject to new conditions U3.1 to U3.10 as set out in Annexure A. (3) Environment Protection Licence No 20948 is varied as set out in Annexure A dated the date of the Court's judgment. Catchwords: MODIFICATION OF ENVIRONMENT PROTECTION LICENCE - conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, s 17, 34, 39 Protection of the Environment Administration Act 1991, ss 6, 45, 58, 83, 287, 2927 Protection of the Environment Operations Act 1997, ss 5, 48, 58, 287, 292 Texts Cited: NSW Waste and Sustainable Materials Strategy 2021-2041 – Stage 1 Category: Principal judgment Parties: MET Recycling Pty Ltdimited (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: