The EPA has welcomed the High Court decision to deny Adelaide Resource Recovery leave to appeal the recent Full Court judgement on the definition of waste after it dismissed the application with costs on 14 September 2017.
The EPA had successfully appealed a 2015 ruling of the Environment Resources and Development (ERD) Court that found Adelaide Resource Recovery (ARR) had not breached its licence by storing construction and demolition waste in an area that was not covered at its Hanson Road, Dry Creek site.
The Full Court found ARR had breached is EPA licence and sent the matter back to the Environment Resources and Development Court.
EPA’s Acting Chief Executive Peter Dolan said the decision handed down from the High Court reinforces the EPA’s regulatory approach to licensing and regulation of waste.
“The decision provides certainty for the EPA and waste industry on the definition of waste and ensures a consistent approach for managing waste across the industry to allow for an even playing field,” Mr Dolan said.
“The EPA regulates the management of waste to ensure the environment and community are protected.
“We are committed to establishing effective regulatory settings to support the sustainable operations of the waste and resource recovery industry.
“We also recognise the economic benefits of the resource recovery sector which turns over about a $1 billion per year and we are committed to establishing a robust regulatory environment to support the sustainable operation of the waste and resource,” he said.