The re-fundamentals of ‘Return and Earn’ – What you need to know about NSW’s new container deposit scheme

The New South Wales Government will roll out a container deposit scheme ‘Return and Earn’ from 1 December 2017. The scheme is established by the Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 (NSW) and the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 (NSW). The scheme provides for the…

When ‘liabilities’ do not include all liabilities: A pollution prosecution ‘ended’ by a council amalgamation

The NSW Land and Environment Court has held that the Proclamation which merged Dubbo Council with Wellington Council, to become Dubbo Regional Council, ‘ended’ the prosecution proceedings that had been commenced by the Environmental Protection Authority (EPA) but not determined by the Court. The reason the prosecution ended was because the Proclamation did not have…

PFAS-inating times: New Guidance for the assessment, management and remediation of PFAS contamination in Australia

In the last two weeks, two new and long awaited guidance documents have been released in relation to the assessment and management of per- and poly- fluoroalkyl substances (PFAS): A 5-part technical report on “Assessment, management and remediation for PFOS and PFOA” prepared by the Cooperative Research Centre for Contamination and Remediation of the Environment…

When do State government decisions, undertakings and works require referral to the Commonwealth Minister for the Environment?

Tasmania appears to be a focal point for Federal Court decisions with respect to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). A recent decision of the Full Court of the Federal Court has considered the definition of an ‘action’ as it relates to State Government decisions regarding works where it is…