The Victorian Court of Appeal has today (17 Nov 2022) delivered a judgement partly relating to the definition of waste under the Environment Protection Act 1970 (Vic) (EP Act 1970), following an appeal from a waste management company in Morwell.
The review was sought by Morwell company Dasma Environmental Pty Ltd (Dasma) afterEPA required remedial action under a Notice issued in 2018 under the EP Act 1970, over alleged receipt of waste at Dasma's Tramway Rd facility. As the Notice was issued under the EP Act 1970, the Court of Appeal was considering the definition of waste under the EP Act 1970 rather than the new Environment Protection Act 2017 (Vic) which came into effect on 1 July 2021.
Dasma challenged the issuing of the remedial notice in the Supreme Court of Victoria on 27 August 2021, where EPA's position, that materials held by the company were waste, was upheld.
The company took the matter to the Court of Appeal, which earlier today announced it had dismissed the appeal and upheld the original decision of the Supreme Court on 27 August 2021. In addition, the Court of Appeal awarded costs to EPA.
EPA welcomes the Court's decision and will now consider its enforcement options, including our future regulatory approach to Dasma's activities and receipt of materials.
The Court of Appeal judgement is available at the following website https://www.supremecourt.vic.gov.au
