Our Expertise
Waste
Law
Jennifer Hughes of Beatty Hughes & Associates is recognised as a leading advisor to the waste industry due to her in-depth understanding of the legal and practical issues unique to that sector.
We are trusted legal advisors to waste companies around the country and have provided environmental and planning legal due diligence in some of the largest waste transactions in Australia.
How we can assist
Providing legal assistance to waste companies being investigated by environmental regulators following potential incidents and offences.
Defending prosecution proceedings for alleged environmental offences.
Carrying out environment and planning legal due diligence of waste facilities and businesses.
Providing advice in relation to the application of waste and environmental regulatory legislation as it applies to the waste industry.
Advising whether a certain material is regulated as a ‘waste’.
Appearing in Land and Environment Court appeals in relation to conditions imposed on environmental licences for waste facilities.
Advising on the rules that apply to the production and use of processed waste materials, including waste derived fuels.
Advising whether activities at a waste facility comply with the law or the conditions of an environmental licence.
Providing advice on the legal requirements in relation to the export of waste materials from Australia, including hazardous waste materials.
Advising on the application of the various container deposit schemes around Australia.
Our recent experience in Waste Law
Providing environment and planning legal due diligence in relation to the $2.3b takeover of BINGO.
Providing legal assistance in relation to a highly confidential investigation of potential offences at waste facilities across the eastern seaboard.
Advising a waste company in relation to its development application for an energy from waste facility in NSW.
Advising the owner of a power station what fuel types it could use at its facility, including those fuel types that were derived from waste.
Related News + Insights
This article unpacks the Court of Appeal’s decision in Environmental Protection Authority v McMurray [2024] in how s220 of the Local Government Act’s characterisation of a Council’s legal status interacts with s169(1) of the Protection of the Environment Operations Act 1997 Act’s application to corporations. Key Takeaways Background The NSW EPA prosecuted the Cootamundra-Gundagai Regional […]
- Published on 17 September, 2024
Amendments to the Local Government (General) Regulation 2021 have been introduced that ensure tenderers in the waste industry undertake to offer employment to existing employees at a minimum of equal terms as their current employer with no lost entitlements. Annual pay increases must also be provided based on the applicable instrument or award, ensuring that […]
- Published on 30 January, 2024
The NSW EPA charged a waste tyre processing company (Carbon MF Pty Ltd) and its sole director, secretary and shareholder (Mr Mark Fair) under the POEO Act in relation to excess tire storage, which constituted polluting land and a failure to comply with a Clean Up Notice issued by the EPA. Mr Fair was charged […]
- Published on 14 October, 2023
The NSW Land and Environment Court imposed fines totalling $149,000 on a company for claiming $300,000 in refunds through the Container Deposit Scheme on containers in relation to which refunds had already been paid. This article examines how the ‘double dipping’ took place and how the penalties were imposed. Clarence Valley Metal Recyclers Pty Ltd […]
- Published on 11 October, 2023
SAF Developments had been ordered to pay $96,000 following the transport and deposit of waste into a backyard pool. The harm was minor and temporary and the Council’s arguments that the project manager’s actions should be attributed to the company were rejected by the Court. Developer SAF Developments has been ordered to pay $96,000 in […]
- Published on 19 June, 2023
- Published on 10 September, 2021
