One of the amendments introduced to the Environmental
Protection Act (EP Act) by the Environmental Protection (Chain of
Responsibility) Amendment Act 2016 (Chain of
Responsibility Act) was a requirement that the Land Court
could only stay a financial assurance decision if the holder of the
environmental authority (EA) had provided 75% of
the amount of financial assurance sought by the Department of
Environment and Heritage Protection (DEHP).
The Land Appeal Court has now provided guidance on these
amendments and on when the Land Court can stay a financial
assurance decision without the EA holder providing the 75%
payment.
Jonathan Fulcher and Elizabeth Harvey review the decision in
Alphadale Pty Ltd v Chief Executive Department of Environment
and Heritage Protection [2016] QLAC 6, where HopgoodGanim
acted for the successful appellant (the applicant for the
stay).
