Hi-Quality Waste Management Pty Ltd v Environment Protection Authority

Land and Environment Court New South Wales Medium Neutral Citation: Hi-Quality Waste Management Pty Ltd v Environment Protection Authority [2015] NSWLEC 1175 Hearing dates:Conciliation conference on 19 March and 22 and 30 April 2015Date of orders: 08 May 2015 Decision date: 08 May 2015 Jurisdiction:Class 1Before: Moore SC Decision: See (4) below Catchwords: ENVIRONMENT PROTECTION LICENCE: modification application; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Hi-Quality Waste Management Pty (Applicant) Environment Protection Authority (Respondent) Representation: Counsel: Mr T Cork, solicitor (Applicant) Ms M Junor, solicitor (Respondent) Solicitors: McPhee Kelshaw (Applicant) Environment Protection Authority (Respondent) File Number(s):10011 of 2015Judgment SENIOR COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document. In making the orders to give effect...