Weston Aluminium Pty Limited v Environment Protection Authority

Environment and planning – Interpretation of development consents - Alcoa obtained development consent under the Environmental Planning and Assessment Act 1979 (NSW) ("the EPA Act") for an aluminium remelting facility on its Yennora land - Whether that development consent permitted treatment at the Yennora facility of aluminium dross not generated on the Yennora land.

Environment and planning – Statutory interpretation - Whether variation of an existing licence under the Protection of the Environment Operations Act 1997 (NSW) was valid where the variation permitted a land use that required but had not been granted development consent under the EPA Act.

Words and phrases – "development consent", "controlled development".

Environmental Planning and Assessment Act 1979 (NSW) – ss 76A(1), 91, 123.

Protection of the Environment Operations Act 1997 (NSW) – ss 50, 58(2).