ARTICLE · 07 NOVEMBER 2012

Unlawful Transporting 'Waste': Building Demolition – is it Waste?

Hunt & Hunt

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The case provides a restrictive interpretation of 'waste' in relation to the offence of unlawfully transporting waste.

AustraliaEnvironment

Arie Van Der Ley

Hasti Kalarostaghi

Maureen Peatman

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INTRODUCTION

The recent decision of Craig J in Environment Protection Authority v Terrace Earthmoving Pty Ltd & Page [2012] NSWLEC 216 provides an intriguing and somewhat restrictive interpretation of what is 'waste' in relation to the offence of unlawfully transporting waste.

In this case, the defendant company and its director were charged with offences for unlawful transport of waste under the Protection of the Environment Operations Act 1999 ('POEO Act') sections 143(1)(a) and 169 respectively. There were two relevant charge periods: the first, from 23 November 2005 to 30 April 2006; and the second, from 1 May 2006 to 1 March 2007 (after amendments were made to the POEO Act and to the definition of 'waste').

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