Verde Terra Pty Ltd v Environment Protection Authority (No 1) [2018] NSWLEC 159

Land and Environment Court New South Wales

Medium Neutral Citation: Verde Terra Pty Ltd v Environment Protection Authority (No 1) [2018] NSWLEC 159 Hearing dates: 9 October 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Class 1 Before: Moore J Decision: See [19] Catchwords: SUMMARY DISMISSAL - statutory appeal rights against deemed refusal of application to vary Environment Protection Licence - appeal rights subject to statutory time limits - whether notice of deemed refusal from regulatory authority required prior to time for appeal right for deemed refusal of application commencing to run - no such notice requirement - time to appeal had expired prior to filing of appeal - no ability to extend time - appeal dismissed Legislation Cited: Civil Procedure Act 2005, s 64 Protection of the Environment Operations Act 1979, ss 58(1) and 287(1) and (3) Uniform Civil Procedure Rules 2005, r 13.4(1) Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Taylor v The Owners of Strata Plan 11564 and Others (2014) 253 CLR 531; [2014] HCA 9 Category: Procedural and other rulings Parties: Verde Terra Pty Ltd (Applicant and Respondent on the motion) Environment Protection Authority (Respondent and Applicant on the motion) Representation: Counsel: Mr P Larkin SC/Mr G Tsang, barrister (Applicant and Respondent on the motion) Mr H El-Hage, barrister (Respondent and Applicant on the motion)

Solicitors: Ashurst (Applicant) Environment Protection Authority (Respondent) File Number(s): 170961 of 2018 Publication restriction: No