John Ware (led by S Keim SC and leading R Williams) appeared for the Applicant/Respondent, instructed by the Department of Environment and Science.
The proceeding concerned an application to amend a restraint order made under s 505 of the Environmental Protection Act 1994 (Qld) (the ‘Act’), extending the deadline for commissioning an in-vessel composting system at a waste recycling facility. The issue before the Court was whether it had power to amend the restraint order and, if so, whether the circumstances justified extending the compliance date. The Court granted the application and amended the order, subject to conditions requiring ongoing reporting and compliance measures. The Court held the Act conferred an implied power to vary an ongoing restraint order where necessary to secure compliance with the Act and that the discretion should be exercised in light of the order’s continuing supervisory nature. Although the delay resulted partly from foreseeable construction risks, the evidence established that NuGrow Ipswich Pty Ltd had substantially progressed the project, remained committed to completion, and that extending the deadline while maintaining interim odour-control measures would better protect the public interest by minimising the risk of odour nuisance during the transition period.
The judgment can be read by clicking here
