Verde Terra Pty Ltd v Environment Protection Authority (No 3) [2018] NSWLEC 161

Land and Environment Court New South Wales

Medium Neutral Citation: Verde Terra Pty Ltd v Environment Protection Authority (No 3) [2018] NSWLEC 161 Hearing dates: 10 and 11 October 2018 Date of orders: 18 October 2018 Decision date: 18 October 2018 Jurisdiction: Class 1 Before: Moore J Decision: (1) Pursuant to r 6.24(1) of the Uniform Civil Procedure Rules 2005, Central Coast Council (the Council) is joined as the Second Respondent to these proceedings; (2) The Council is to file and serve its Statement of Facts and Contentions in Reply in the terms of Exhibit 1 on its Notice of Motion for joinder by the close of business on Friday 19 October 2018; (3) The exhibits on the joinder motion, other than Exhibits A and 1, are returned; (4) Costs are reserved; (5) If the Council proposes to seek to rely on any Statement of Facts and Contentions in Reply, other than in the terms of that which is to be filed pursuant to (2), any Notice of Motion seeking to rely on any Amended Statement of Facts and Contentions in Reply is to be made returnable before the Registrar on Thursday 22 November 2018 and is to be filed and served by 16 November 2018; and (6) The matter is set down before the Registrar for further directions on Thursday 22 November 2018. Catchwords: APPLICATION FOR JOINDER - application by council to be joined to Class 1 appeal seeking variation to the Environment Protection Licence for a landfill located in the council's local government area - application opposed by operator of the landfill - application not opposed by the Environment Protection Authority - if joinder rejected, alternative basis for participation sought pursuant to a "Double Bay Marina" order - tests for joinder pursuant to r 6.24(1) of the Uniform Civil Procedure Rules 2005 (UCPR) - Draft Statement of Facts and Contentions in Reply tendered by applicant for joinder - two contentions proposed to be relied upon if joinder granted - proposed contentions considered against tests UCPR r 6.24(1) - multiple bases established as warranting joinder - joinder ordered Legislation Cited: Civil Procedure Act 2005, s 56(1) Environmental Planning and Assessment Act 1979 Federal Court Rules 2011 Land and Environment Court Act 1979, s 38(2) Local Government (Council Amalgamations) Proclamation 2016 Local Government Act 1993 Protection of the Environment Operations Act 1979, ss 50 and 287(1), 287(3) Uniform Civil Procedure Rules 2005, r 6.24(1) Cases Cited: Chriss v Williams (1988) NSWCA 22 Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1 News Limited v Australian Rugby Football League Limited (1996) FCR 410 Penang Mining Co Ltd v Choong Sam (1969) 2 MLJ 52 Terrace Tower Holdings Pty Limited v Sutherland Shire Council [2001] NSWLEC 154 Verde Terra Pty Ltd v Environment Protection Authority (No 1) [2018] NSWLEC 159 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Verde Terra Pty Ltd (Applicant) Environment Protection Authority (Respondent) Central Coast Council (Applicant for Joinder) Representation: Counsel: Mr T Howard SC/Ms C Novak, barrister (Applicant for Joinder) Mr P Larkin SC/Mr G Tsang, barrister (Applicant in the proceedings)