Jet Group Australia Pty Ltd v Environment Protection Authority [2017] NSWLEC 1588

Land and Environment Court New South Wales

Medium Neutral Citation: Jet Group Australia Pty Ltd v Environment Protection Authority [2017] NSWLEC 1588 Hearing dates: 7,8 August 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Class 1 Before: Brown C and Bish C Decision: 1. The appeal is upheld. 2. Environment Protection Licence for the carrying out of a scheduled activity at 76 Nomad Road, Toronto, NSW is approved subject to the conditions in Annexure A. 3. The exhibits are returned. Catchwords: ENVIRONMENT PROTECTION LICENCE: Category 1 activity – composting – water pollution - leachate management – financial assurance as security – appropriate licence conditions Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 Cases Cited: Jensen v Lake Macquarie City Council [2015] NSWLEC 1572 Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133, 146 LGERA 10; (2006) 67 NSWLR 256 Texts Cited: Department of Environment and Conservation, NSW: Composting and Related Organics Processing Facilities Environmental Guidelines 2004; Environment Protection Authority Victoria: Designing, constructing and operating composting facilities Guidelines, 2015 and 2017; Australian and New Zealand Guidelines for Fresh and Marine Water Quality. Volume 1. The Guidelines. National Water Quality Management Strategy; NSW Environment Protection Authority: Setting financial assurance amounts regional waste compliance non-landfill waste premises. Category: Principal judgment Parties: Jet Group Australia Pty Ltd (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: Mr M. Astill (Applicant) Mr C. Norton (Respondent)