Court stymies NSW EPA

Court stymies NSW EPA

By Barry Healy

SYDNEY — In a surprise decision, the NSW Land and Environment Court has virtually annulled the ability of the states Environment Protection Authority to enforce pollution controls.

Under a ruling handed down on September 11, the EPA will no longer be able to attach conditions to pollution licences forcing companies to report breaches. This will make environment laws unenforceable.

The verdict resulted from an EPA action against a quarry operator for allegedly exceeding noise limits near a residential area. The companys pollution licence contained a condition that it inform the EPA if it exceeded noise limits.

The ruling places at risk more than 3000 licences that the EPA oversees. It means that thousands of businesses could choose to disregard environmental regulations.

The EPA is appealing the decision.

From GLW issue 248