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.

NSW legislates Product Stewardship framework under new Product Lifecycle Responsibility Act

The Product Lifecycle Responsibility Act 2025 (NSW) has been made, creating a framework under which product stewardship schemes may be established that will require brand owners to take greater responsibility for the environmental impacts of certain products throughout their life cycle. This article reviews the key obligations that will be imposed on ‘brand owners’ under […]

Published on 29 April, 2025

NSW the First to Mandate FOGO Recycling

NSW Parliament has recently amended the Protection of the Environment Operations Act 1997 to mandate food and garden organics (FOGO) waste recycling – becoming the first State in Australia to do so. This article looks at the obligations that will be rolled out onto Councils to collect FOGO waste, on businesses to organise the collection of separated FOGO waste and on supermarkets to record food donations. Published on 3 March 2025.

Published on 10 March, 2025

Tires and fires: Landfill fined for use of shredded tyres as a landfill cover following fire

Bald Hill Quarry Pty Ltd (BHQ) was convicted of five environmental offenses related to its use of shredded rubber tires as daily cover at its landfill, despite repeated refusals from the EPA for permission to do so.

Published on 13 November, 2024

NSW Court of Criminal Appeal finds that special executive provisions under the POEO Act extend to Council officers

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.

Published on 17 September, 2024

Waste workers afforded new employment protections in latest amendment to Local Government Regulation

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 employees are not undercut through tenders and contracts.

Published on 30 January, 2024

Company and director charged and fined for waste tyre offences

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 under the POEO Act’s executive liability provisions and faced a fine of $500,000 for Carbon MF Pty Ltd and $60,000 for himself.

Published on 14 October, 2023