EPA unsuccessful in NSW prosecution for transport of building materials as "waste"

In brief - Common building materials now less likely to be categorised as "waste"

In the recent decision of Environment Protection Authority v Terrace Earthmoving Pty Ltd & Page [2012] NSWLEC 216, the Land and Environment Court has taken a common sense approach to the interpretation of the definition of "waste" under the Protection of the Environment Operations Act 1997 (NSW) (POEO Act).

Terrace Earthmoving engaged to excavate and place fill material for road

In approximately November 2005, the owner of land at Williamtown NSW engaged the services of Terrace to construct a road at his property, which involved excavation and placement of fill material into the proposed road area. Fill material was obtained from sites at which Terrace was carrying out demolition or excavation works and was generally comprised of broken concrete, bricks, tiles, soil and rock.