Mimosa Rehabilitations Pty Ltd v Environment Protection Authority [2024] NSWLEC 1221

Land and Environment Court New South Wales

Medium Neutral Citation: Mimosa Rehabilitations Pty Ltd v Environment Protection Authority [2024] NSWLEC 1221 Hearing dates: Conciliation Conference 28 February, 9 April 2024 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: 1) The appeal is upheld. 2) Notice of Revocation of Licence No. 2509, under Notice reference Number 1628815, is revoked. Catchwords: ENVIRONMENT PROTECTION LICENCE – REVOCATION NOTICE – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 ss 17, 34 Protection of the Environment Operations Act 1997 ss 45, 79, 287, 292, Sch 1 Pt 1 cl 39(2)(e) Category: Principal judgment Parties: Mimosa Rehabilitations Pty Ltd (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: J Smith (Applicant) J Marshman (Solicitor) (Respondent)

Solicitors: Foundation Law Group (Applicants) Environment Protection Authority (Respondent) File Number(s): 2023/268182 Publication restriction: No

Judgment

COMMISSIONER: 1. This is a Class 1 Development Appeal pursuant to s 287(1)(a) of the Protection of the Environment Operations Act 1997 (POEO Act) against the Notice of Revocation of Licence No. 2509 (Revocation Notice No. 1628815 dated 7 August 2023) issued by the respondent under s 79 of the POEO Act to the applicant (Revocation Notice), revoking Environment Protection licence No. 2509 (EPL) relating to land identified as Lot 2 in Deposited Plan 773067, known as "Korrongulla" – Windang Road, Primbee, NSW (Premises). 2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(a) of the Land and Environment Court Act 1979 (LEC Act).