State Pollution Control Commission v Metropolitan Collieries Limited [1989] NSWLEC 225

Land and Environment Court of New South Wales

CITATION : State Pollution Control Commission v Metropolitan Collieries Limited [1989] NSWLEC 225 APPLICANT State Pollution Control Commission PARTIES : RESPONDENT Metropolitan Collieries Limited FILE NUMBER(S) : 50032; 50033; 50034; 50035; 50036; 50037; 50038; 50039; 50040 of 1988 CORAM: Cripps J KEY ISSUES: :- Clean Air Act 1961 Clean Waters Act 1970 LEGISLATION CITED: State Pollution Control Commission Act Land and Environment Court Act Evidence Act CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 08/18/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: Metropolitan Collieries Limited operate a coal mine at Helensburg. Its operations include washing and storing coal prior to its transportation to the coal loader at Port Kembla. The company is the occupier of "scheduled premises" within the meaning of the Clean Air Act 1961 and at all relevant times was the holder of an Air Licence granted under the State Pollution Control Commission Act. The activities of the company cause pollution of waters within the meaning of the Clean Waters Act 1970 and it is the holder of a Water Licence granted by the State Pollution Control Commission.

The Commission may attach new conditions to the licences it issues (see s17D(3) and (4)). Of relevance to the present case is s17D(6) which provides that the attaching of new conditions to a licence has no force until the time limited for appealing against the Commission's decision has expired. If an appeal is lodged to the Land and Environment Court, the attaching of an additional condition has no effect until the Court confirms the decision or the appeal is withdrawn.