Anthony Martella

The appellant, operator of a concrete batching facility, appealed the terms and conditions of an Amended Environmental Compliance Approval (ECA) issued by the Director.

The amendments changed the calculation of truck arrival limits from 'per hour' to 'per 60 minute period', clarified that 'deliveries' included all truck arrivals and departures, and added a requirement to record the arrival and departure times of all trucks.

The appellant argued these changes were novel, impractical, and not supported by noise guidelines.

The Tribunal found that the amendments were appropriate to prevent the clustering of truck arrivals, mitigate noise impacts on neighbouring residents, and ensure compliance with the Environmental Protection Act.

The Tribunal confirmed the Director's amendments and dismissed the appeal.