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Mount Atkinson Holdings P/L & Anor v Landfill Operations P/L & Ors [2020] VSCA 332

Victorian Court of Appeal
McLeish, Emerton and Osborn JJA

Mount Atkinson Holdings P/L & Anor v Landfill Operations P/L & Ors

Judgment Date: 
21 December 2020

PLANNING AND ENVIRONMENT - Waste management - Landfill - Works approval issued pursuant to Environment Protection Act 1970 to extend landfill - Proper construction of EPA policies relating to odour and landfill buffer issues - Appeal from decision of trial judge on review from Victorian Civil Administrative Tribunal - Whether primary judge should have held Tribunal failed to properly decide issues about consistency with buffer requirement because it considered issues foreclosed by decisions made under the Planning and Environment Act 1987 and consequently misdirected itself and failed to perform its task on review - Proposed ground of appeal in substance a new ground not raised before the primary judge - No prospect of success in any event - Environment Protection Act 1970 ss 1B, 16, 16A, 20C, 33B, 37A, 50C - Victorian Civil and Administrative Tribunal Act 1998 s 148 - Waste Management Policy (Siting, Design and Management of Landfills) - Best Practice Environmental Management (Siting, Design, Operations and Rehabilitation of Landfills) - Application for leave to appeal refused.