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.

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

Recycling company fined $149,000 for double dipping refunds through the NSW Container Deposit Scheme

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.

Published on 11 October, 2023

No hat, no play, no pool today: Developer fined for filling swimming pool with waste material

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.

Published on 19 June, 2023

Energy from Waste Facilities to be Effectively Banned in Most of NSW

The NSW Government has released its Energy from Waste Infrastructure Plan, suggesting various changes to the construction and placement of energy from waste facilities. The revised planning instruments giving effect to these restrictions are expected to be introduced by the end of 2021.

Published on 10 September, 2021

Energy Recovery Facilities to be Designated Development Under Proposed Environmental planning and Assessment Regulation (NSW)

The Department of Planning, Industry and Environment has released a proposed Environmental Planning and Assessment Regulation 2021, including energy recovery facilities being categorised as ‘designated development’, with some exceptions.

Published on 7 September, 2021

Victoria’s New Environment Protection Laws – Impacts on the Waste Industry

The Environment Protection Amendment Act 2018 (Vic) (New Act) commenced on 1 July 2021. The New Act makes sweeping changes to the way wastes and waste generating activities will be regulated in Victoria. It signals a fundamental shift from a consequence-based regulatory model to a prevention-based regulatory model. New requirements have also been introduced that will have a particular impact on those involved in collecting, transporting, handling, recycling, treating, storing or disposing of waste.

Published on 5 July, 2021