When Does a Product Become a Waste? The Recent Court Decision That Could Change Waste Regulation Across Australia

In EPA Victoria v Landfill Operations Pty Limited (Cleanaway), the Court found Cleanaway liable for almost $7 million in waste levies relating to the use of quarry material as daily landfill cover. Even more significantly, the Victorian EPA has since identified a further $12 million in alleged levy liabilities arising from similar practices.

But the financial implications are only part of the story.

The Court adopted an extraordinarily broad interpretation of the definition of "waste", finding that a material may be considered waste simply because it is deposited in the environment in a way that alters it - regardless of whether the material is being beneficially used or whether that alteration is positive or negative.

The decision raises fundamental questions for industry:

• Could materials sold as products still legally be considered waste?
• What does this mean for quarry materials, recovered resources and beneficial reuse?
• Could the decision affect road base, construction materials, fertilisers and other products applied to land generally?
• What are the implications for landfill levy liability and regulatory compliance?
• Could similar interpretations apply in NSW, Western Australia and the ACT, where legislation contains comparable definitions?

In this webinar, leading environment and planning law expert, Jennifer Hughes of Beatty Hughes & Associates, will unpack this landmark decision, explain the Court's reasoning, and explore what it could mean for waste operators, recyclers, resource recovery facilities, quarry operators, regulators, local government and anyone working with recovered materials.

The session will be interactive, with plenty of time to ask questions.

WMRR members - FREE
Non-members - $50

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