Liquid by-product from a waste facility remains 'waste' for the purposes of s 143 of the Protection of the Environment Operations Act 1997 (NSW) throughout transportation, notwithstanding that it is wanted by the transporter and the recipient for beneficial use. The relevant perspective for determining whether a substance is 'unwanted or surplus' is that of the owner prior to transportation. A construction that would render carefully delineated statutory exceptions futile must be rejected.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
2 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.