Crush and Haul Pty Ltd v Environment Protection Authority [2023] NSWLEC 1367

Land and Environment Court New South Wales

Medium Neutral Citation: Crush and Haul Pty Ltd v Environment Protection Authority [2023] NSWLEC 1367 Hearing dates: 13 and 14 June 2023 Date of orders: 19 July 2023 Decision date: 19 July 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders: (1) The appeal is upheld. (2) Licence Application No 21745 is granted consent in accordance with the terms in Annexure A, except for proposed condition A4.1 which is to be deleted. (3) The exhibits are returned, except for A, B, C, E, F, 1, 3 and 4. Catchwords: ENVIRONMENT PROTECTION LICENCE – deemed refusal of environment protection licence application – whether applicant a fit and proper person Legislation Cited: Corporations Act 2001, s 50 Criminal Procedure Act 1986 Environmental Planning and Assessment Act 1979, ss 4.15, 4.46 Land and Environment Court Act 1979, ss 17, 39 Protection of the Environment Administration Act 1991, s 6 Protection of the Environment Operations (General) Regulation 2022, cl 66 Protection of the Environment Operations Act 1997, ss 3, 45, 48, 55, 58, 63, 64, 65, 66, 83, 91, 144, 169, 169A, 211, 287; Sch 1 cll 16, & 19 Waste Avoidance and Resource Recovery Act 2001 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Environment Protection Authority v Crush & Haul Pty Ltd; Environment Protection Authority v Cauchi [2022] NSWLEC 113 Environment Protection Authority v Rixa Quarries (No 2) Pty Ltd [2017] NSWLEC 93 Environment Protection Authority v Wyanga Holdings Pty Ltd; Environment Protection Authority v Cauchi [2015] NSWLEC 78 at [214] Hughes and Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127; [1955] HCA 28 Minister for Immigration and Border Protection v Makasa (2021) 270 CLR 430; [2021] HCA 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Texts Cited: Department of Planning, Industry and Environment "NSW Waste and Sustainable Materials Strategy 2041 Stage 1: 2021-2027", dated June 2021 Environment Protection Authority, "NSW Waste Avoidance and Resource Recovery Strategy 2014-21" dated December 2014 Environment Protection Authority, "Prosecution Guidelines", dated March 2013 Category: Principal judgment Parties: Crush and Haul Pty Ltd (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: J Lazarus SC, with C Novak (Applicant) R Beasley SC, with B Kaplan (Respondent)