ARTICLE · 08 JUNE 2013

Court applies precautionary principle to asbestos contaminated fill material

Clayton Utz

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Developers and landowners must carefully consider the extent to which fill material may be contaminated.

AustraliaEnvironment

Sadaat Cheema

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Key Points:

Developers must carefully consider the extent to which fill material is contaminated.

A recent decision of Justice Pepper in the Land & Environment Court in Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 5) [2013] NSWLEC 68 will have implications for developers and landowners undertaking projects on land where fill material is proposed to be imported or re-used.

Wollondilly Shire Council sought relief against the defendants (who were involved in a development) for breaches of pollution, waste and planning legislation. The Council succeeded not only in obtaining an injunction preventing future breaches of law, but also an important remediation order whereby all fill material deposited at the development site would need to be removed. The fill material amounted to almost 16,000 cubic metres in aggregate.

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