Environment Protection Authority v Fair [2024] NSWLEC 124

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Fair [2024] NSWLEC 124 Hearing dates: 13 November 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court makes the following orders: (1) Declare that Mr Mark Fair breached s 48(2) of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act) by being the occupier between 2 June 2023 and 1 July 2023 of a storage unit at a storage facility at 139 Wytarra Drive, North Albury, in which more than 500 waste tyres were stored, without being the holder of a licence under the POEO Act that authorised that activity to be carried on at those premises. (2) Discharge, from the date of these orders, the orders made by the Court by consent of the applicant and first respondent on 20 December 2023. (3) Otherwise dismiss the proceedings. (4) Order the applicant to pay the first respondent's costs of the proceedings. Catchwords: ENVIRONMENTAL LAW – waste storage – storage of waste tyres in enclosed storage units at storage facilities – whether scheduled activity requiring licence – whether pollution of land – order to remedy or restrain breach – whether includes payment of compensation to third party Legislation Cited: Land and Environment Court Act 1979 (NSW), s 20 Protection of the Environment Operations Act 1997 (NSW), s 48, 142A, Schedule 1, Dictionary Protection of the Environment Operations (General) Regulation 2022 (NSW), cl 133 Cases Cited: Director-General, Department of Environment, Climate Change and Water v Venn (2011) 210 LGERA 300; [2011] NSWLEC 118 Great Lakes Council v Lani (2007) 158 LGERA 1; [2007] NSWLEC 681 Liverpool City Council v Roads and Traffic Authority and Interlink Roads Pty Ltd (1991) 74 LGRA 265 Liverpool City Council v Roads and Traffic Authority and Interlink Roads Pty Ltd (No 2) (1992) 75 LGRA 210 Category: Principal judgment Parties: Environment Protection Authority (Applicant) Mark Garry Fair (First Respondent) State of New South Wales (Second Respondent) Representation: Counsel: S Erian (Applicant) T Boyle (Second Respondent)