The Applicants sought costs after the Director revoked an Environmental Compliance Approval for a hauled sewage site, which led to the dismissal of their applications for leave to appeal.
The Applicants argued the Director acted unreasonably by issuing the Approval and failing to revoke it before the applications were filed.
The Tribunal dismissed the costs request, finding it lacked authority to award costs for conduct occurring prior to the commencement of the proceeding, and that the Director acted reasonably in revoking the Approval after receiving new expert evidence.
