Abhay Enterprises Pty Ltd trading as Tanwar Petroleum v Environment Protection Authority [2026] NSWLEC 109 — Power Of Court To Issue A Stay — Barrister AI
Abhay Enterprises Pty Ltd trading as Tanwar Petroleum v Environment Protection Authority
INTERLOCUTORY INJUNCTION: application for a stay of the operation conditions of a Clean-Up Notice — power of Court to issue a stay — legal principles — no arguable case — balance of convenience favours respondent — stay refused — notice of motion dismissed with costs.
Quick Take
1A clean-up notice validly issued under s 91 of the POEO Act upon reasonable suspicion of a pollution incident is not retrospectively invalidated by information provided to the issuing authority after the notice was issued; the statutory precondition of reasonable suspicion is assessed at the time of issue.
2Recipients of clean-up notices cannot elect whether or by what means to comply with clear directions in those notices; where a direction requires engagement of an independent contractor, testing by the recipient's own director does not satisfy that requirement.
3On the balance of convenience, ongoing risks to human health from petroleum vapour exposure and the financial burden on the regulator in relocating affected residents outweighed the applicant's lost sales revenue, particularly where the applicant had the means to resolve the issue by complying with the notice.
