When is Waste Really Waste?

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When is Waste Really Waste?

Eclipse Resources Pty Ltd v The Minister For Environment [No 2] [2017] WASCA 90 (12 May 2017)

The appellant was challenging the primary decision that made them liable to pay for a waste levy as a result of their landfill disposal operations which included dealing with third party waste. On appeal, the appellant contested that the meaning of ‘waste’ under the Environmental Protection Act 1986 (WA), as defined in the Waste Avoidance and Resource Recovery Levy Regulations 2008 (WA), should take into account broader reasons for the waste. However the Court rejected the argument finding that the literal meaning of waste was deduced from the meaning of when waste is “disposed of to landfill”. The Court therefore upheld the original decision, finding that the applicant was responsible for producing waste and was thus required to pay the waste levy.


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