The Land and Environment Court was yet to determine whether or not it would allow Central Coast Council to join the NSW Environment Protection Authority (EPA) in matters brought before the Court by the operator of the Mangrove Mountain Landfill, as Coast Community News went to press.
Three matters were due to be considered in the Land and Environment Court on Tuesday, October 9. The first was a notice of motion by the EPA to discontinue an initial appeal by Verde Terra against the EPA’s deemed refusal of its licence to operate Mangrove Mountain Landfill. The Commissioner ordered the Court to uphold EPA’s notice of motion so the initial matter of the deemed refusal will not continue to be heard. Verde Terra’s second and more recent appeal against the EPA’s refusal of its latest application for its Environmental Protection Licence (EPL) to be varied, is still going through its directions stage. This is the matter that Central Coast Council is seeking to join as second respondent.
The Commissioner initially stood that matter over until the morning of Wednesday, October 10. It was then stood over until 12pm and was still before the Commissioner as Coast Community News went to press. Stephen Goodwin from Mountain Districts Association, who attended the LEC hearing, said the Commissioner had indicated on the Tuesday afternoon that he was of a view to uphold Central Coast Council’s application. Verde Terra’s Counsel had argued that the EPA was more than capable of representing all issues, but the Council wished to speak directly to the issue of development consent, which covers more than the EPL appeal,” he said. Once that matter was decided, the Commissioner was then expected to deal with a third notice of motion, from Verde Terra, to be allowed to publicly exhibit its application for variation of the EPL to operate the Mangrove Mountain Landfill.
Source: Interviews, Oct 9 and 10 Stephen Goodwin, Mountain Districts Association Jackie Pearson, journalist