JET Group Australia Pty Ltd v Environment Protection Authority (No 2) [2024] NSWLEC 1570

Land and Environment Court New South Wales

Medium Neutral Citation: JET Group Australia Pty Ltd v Environment Protection Authority (No 2) [2024] NSWLEC 1570 Hearing dates: 6-7 June 2024; final submissions on 20 June 2024 Date of orders: 16 September 2024 Decision date: 16 September 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) The Notice of Suspension of Licence No. 21027 is amended as shown in Annexure A (bearing Notice No. 1643164). Catchwords: APPEAL – Protection of the Environment Operations Act 1997, s 287 – suspension of environment protection licence – amended suspension notice Cases Cited: JET Group Australia Pty Ltd v Environment Protection Authority [2024] NSWLEC 1532 Category: Principal judgment Parties: JET Group Australia Pty Ltd (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: M Seymour (Applicant) J Reid (Respondent)

Solicitors: Keypoint Law (Applicant) Environment Protection Authority (Respondent) File Number(s): 2023/174985 Publication restriction: Nil

JUDGMENT 1. On 29 August 2024, I handed down my reasons for judgment in the Class 1 appeal, JET Group Australia Pty Ltd v Environment Protection Authority [2024] NSWLEC 1532 (JET Group). At [64] of JET Group, I directed the parties to prepare an updated version of the Suspension Notice in accordance with my reasons for judgment and to provide a copy to the Court within 14 days. 2. As I am satisfied after review that the updated Suspension Notice provided on 12 September 2024 is acceptable, I now make the following orders. 3. The Court orders: 1. The appeal is upheld. 2. The Notice of Suspension of Licence No. 21027 is amended as shown in Annexure A (bearing Notice No. 1643164). …………………….. S Dixon Senior Commissioner of the Court Annexure A (1302609, pdf)