Land and Environment Court New South Wales Medium Neutral Citation: Paper Trade Processing (Aust) Pty Limited v Environment Protection Authority [2018] NSWLEC 22 Hearing dates: 8 and 9 February 2018 Date of orders: 09 February 2018 Decision date: 09 February 2018 Jurisdiction: Class 1 Before: Moore J Decision: At [5] Catchwords: APPEAL - application for environment protection licence - issues resolved - development consent granted in related proceedings - licence granted Cases Cited: Paper Trade Processing (Aust) Pty Limited v Liverpool City Council {2018] NSWLEC 20 Category: Principal judgment Parties: Paper Trade Processing (Aust) Pty Limited (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: Dr S Berveling, barrister (Applicant) Mr S Nash, barrister (Respondent) Solicitors: G&B Lawyers (Applicant) Environment Protection Authority (Respondent) File Number(s): 47918 of 2017 Publication restriction: No EX TEMPORE Judgment 1. HIS HONOUR: This matter concerns an appeal by Paper Trade Processing (Aust) Pty Limited (the Applicant) against the refusal by the Environment Protection Authority (the EPA) to grant the Applicant an environment protection licence (EPL) for the operation of a waste and resource recovery facility to process and store 28,000 tonnes of materials per annum at 49 Heathcote Road, Moorebank. 2. One of the matters which had been of concern to Liverpool City Council (the Council), in Paper Trade Processing (Aust) Pty Limited v Liverpool City Council {2018] NSWLEC 20 proceedings (the Council proceedings) I have just determined, was the absence of an EPL being granted by the EPA. 3. I was informed by Mr Nash, counsel for the EPA, during the course of the site inspection, that the issues which had been in contention between the EPA and the Applicant had been resolved to the extent that they involved merit issues relating to waste management, air quality and odour, water management and other operational matters, those matters are also now resolved to the satisfaction of the EPA. 4. Finally, the granting by me of the development consent in the Council proceedings for the operation of the facility removes the remaining matter of concern to the EPA. 5. As a consequence, in these proceedings: 1. The appeal is upheld; 2. The applicant is granted an Environmental Protection Licence for use of 49 Heathcote Road, Moorebank as a waste and resource recovery facility to process and store 28,000 tonnes of material per annum, as in Annexure A; and 3. The exhibits, other than Exhibits A, B and 1, are returned. Annexure A - EPL (216 KB, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 27 February 2018