Australian Solvent Recyclers Pty Ltd v Environment Protection Authority of NSW [2000] NSWLEC 10

Land and Environment Court of New South Wales

CITATION : Australian Solvent Recyclers Pty Ltd v Environment Protection Authority of NSW [2000] NSWLEC 10 APPLICANT: PARTIES : Australian Solvent Recyclers Pty Ltd RESPONDENT: Environment Protection Authority of NSW FILE NUMBER(S) : 10183 of 1999 CORAM: Sheahan J KEY ISSUES: Appeal from Administrative Decision :- appeal concerning conditions of Waste Minimisation and Management Act licence LEGISLATION CITED: Waste Minimisation and Management Act 1995 Protection of the Environment Operations Act 1997 CASES CITED: Nalor Pty Ltd v Bankstown City Council [1980] 2 NSWLR 630 DATES OF HEARING: 04/08/99-06/08/99, 09/08/99-13/08/99, 16/08/99, 17/08/99, 19/08/99, 20/08/99, 24/08/99, 25/08/99, 1/9/99 DATE OF JUDGMENT: 02/01/2000

APPLICANT: Mr P J McEwen SC (Barrister) SOLICITORS: Levy Peatman LEGAL REPRESENTATIVES: RESPONDENT: Mrs J C Kelly (Barrister) SOLICITORS Environment Protection Authority

JUDGMENT:

IN THE LAND AND Matter No: 10183 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 1 February 2000

AUSTRALIAN SOLVENT RECYCLERS PTY LTD Applicant v ENVIRONMENT PROTECTION AUTHORITY OF NSW Respondent

JUDGMENT

Introduction

1. This appeal was lodged on 16 March 1999, pursuant to s 75(1) of the Waste Minimisation and Management Act 1995 (" the WMM Act "), by Australian Solvent Recyclers Pty Ltd (" ASR "), against conditions imposed by the Environment Protection Authority of NSW (" EPA ") on licence number 005661, as issued on 26 February 1999 (" the 1999 licence ").