Environment Protection Authority v Terrace Earthmoving Pty Ltd

(2013) 84 NSWLR 679; [2013] NSWCCA 180

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Environmental Law
2. › Waste management
3. › Offence of transporting waste
4. › Meaning of 'waste'
5. › Whether objective multi-factor test or subjective assessment by reference to owner's state of mind
6. › Whether substance unwanted or surplus to owner immediately before transportation
7. › Protection of the Environment Operations Act 1997 (NSW), s 143
1. Environmental Law
2. › Waste management
3. › Offence of transporting waste
4. › Meaning of 'transport'
5. › Whether transport includes deposition of substance at destination
6. › Relevance of defence of non-deposit in s 143(3C)
7. › Protection of the Environment Operations Act 1997 (NSW), s 143
1. Statutory Interpretation
2. › Dictionary definitions
3. › Specially defined terms
4. › Whether Dictionary definition of 'waste' displaced by special definition in s 143(4)
5. › Relationship between constituent paragraphs of composite definition
6. › Protection of the Environment Operations Act 1997 (NSW), s 143, Dictionary
1. Words and Phrases
2. › 'waste'
3. › 'unwanted or surplus'
4. › Protection of the Environment Operations Act 1997 (NSW), s 143

Quick Take

Whether a substance is 'waste' for the purposes of s 143 of the POEO Act is determined by whether it was unwanted or surplus to the owner immediately before transportation, not by an objective assessment of the substance's capability for re-use or the existence of demand for it. Sorting waste material on site into categories for potential re-use does not itself constitute re-use sufficient to change the character of the material from waste to non-waste. 'Transport' of waste for the purposes of s 143(1) does not include depositing the substance at the destination.