Calleija v Environment Protection Authority [2023] NSWLEC 1291

Land and Environment Court New South Wales

Medium Neutral Citation: Calleija v Environment Protection Authority [2023] NSWLEC 1291 Hearing dates: Conciliation conference on 14 June 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is allowed. (2) In accordance with section 110 of the Protection of the Environment Operations Act 1997 and section 39 of the Land and Environment Court Act 1979, the Court varies from 14 June 2023, directions 2 to 5 of the Supplementary Prevention Notice issued to the applicant under section 96A of the Protection of the Environment Operations Act 1997, in accordance with Schedule 1 of the Orders. Catchwords: APPEAL – variation of a prevention notice – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, ss 34, 39 Protection of the Environment Operations Act 1997, ss 96A, 110, 292, 319A Category: Principal judgment Parties: Michael Joseph Calleija (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: R Coffey (Applicant) M McAuliffe (Respondent)

Solicitors: Pikes & Verekers Lawyers (Applicant) Environment Protection Authority (Respondent) File Number(s): 2022/362682 Publication restriction: Nil

Judgment

Introduction 1. Budget Waste Recycling (Budget) is the holder of an Environmental Protection Licence No. 20645 (the EPL) in respect to the Lot 1 in Deposited Plan 509194, known as 311 Doonside Road, Arndell Park NSW 2148 (site). 2. The applicant is the sole director of Budget which operates a resource recovery and waste storage facility on premises at the site. The premises comprises part of the site, being the hatched area shown in the map at condition A2.2 of the EPL (the Premises) extracted below in Figure 1. Figure 1 1. Condition L2.1 of the EPL permits the following types of waste to be stored and recovered: * paper, plastics, metal, timber and glass; * excavated natural material; * virgin excavated natural material; and * building and demolition waste. 1. Condition L2.2 of the EPL provides that authorised the amount of waste permitted on the premises cannot exceed 5,000 tonnes at any one time. 2. Condition L2.3 of the EPL provides that no stockpile on the premises may exceed a height of 5 metres at any time.