Always Recycling Pty Ltd v Environment Protection Authority [2012] NSWLEC 1170

Land and Environment Court New South Wales

Medium Neutral Citation: Always Recycling Pty Ltd v Environment Protection Authority [2012] NSWLEC 1170 Hearing dates: 16, 17, 18 April 2012 Decision date: 21 June 2012 Jurisdiction: Class 1 Before: Pearson C Decision: See paragraph [105] Catchwords: APPEAL - Environment Protection Licence - Application for transfer - Waste recycling facility - Compliance with environment protection legislation - Conditions Legislation Cited: Protection of the Environment Operations Act 1997 Environmental Planning and Assessment Act 1979 Protection of the Environment Operations (Waste) Regulation 2005 Cases Cited: Botany Bay Council v Saab Corporation Pty Ltd [2011] NSWCA 308 Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408 Category: Principal judgment Parties: Always Recycling Pty Ltd (Applicant) Environment Protection Authority (Respondent) Representation: Mr A Perkins, Colin Biggers & Paisley (Applicant) Mr R Fox, Legal Services Branch Office of Environment and Heritage (Respondent) File Number(s): 11162 of 2011

Judgment 1This is an appeal under s287 of the Protection of the Environment Operations Act 1997 (the POEO Act) against the deemed refusal of an application made by Always Recycling Pty Ltd (Always) for the transfer of Environment Protection Licence No 13198 (the EPL) from Number 1 Excavation and Demolition (NSW) Pty Ltd (No 1). 2The EPL authorises No 1 to carry out scheduled activities, being waste storage and waste processing, at 191 Miller Road Chester Hill (the site). Always leases the site and is in occupation of the site. 3The EPL was granted to No 1 on 21 December 2009. At that time Mr Nasser Matta was sole director of No 1. An external administrator was appointed to No 1 in December 2010 and a liquidator was appointed in January 2011. Mr Matta is the sole director of Always. The application for transfer of the EPL was made in August or September 2011.