Kempsey Shire Council v Slade

Land and Environment Court New South Wales Medium Neutral Citation: Kempsey Shire Council v Slade [2015] NSWLEC 135 Hearing dates:25-26 June, 27 July 2015Date of orders: 21 August 2015 Decision date: 21 August 2015 Jurisdiction:Class 4Before: Biscoe J Decision: (1) Judgment for the applicant against the respondents for a debt under s 105(1) of the Protection of the Environment Operations Act 1997 in an amount to be assessed by the Court or as agreed by the parties.(2) Order that the respondents pay the applicant’s costs of the proceedings except in relation to the issue of quantum.(3) The exhibits and the Court Book are to be returned.(4) The matter is to be listed on 28 August 2015 for directions in relation to a trial on the issue of quantum. Catchwords: ENVIRONMENT AND PLANNING – pollution – claim for recovery of costs of pollution clean-up actions as a debt under s 105(1) Protection of the Environment Operations Act 1997 – statutory scheme for clean-up of pollution and recovery of clean-up costs – reasonably suspecting that pollution incidents arising from asbestos deposited at a waste facility had occurred, Environment Protection Authority gives council a clean-up notice under s 92(1) – council complies and gives respondents compliance cost notices under s 104(2) to recover reasonable costs and expenses incurred by council in connection with clean-up action on basis that council reasonably suspects they caused the pollution incidents – amount specified in compliance cost notices unpaid – whether council entitled to recover same as a...