This case highlighted for those working in NSW the real challenge of the current definition of waste, and poses the question - how do we recover material and return products to the productive economy with certainty in NSW, is this even possible with the current legislation?
In this webinar we'll deep dive into findings of the case, the implications for the resource recovery sector in NSW, and the precedent it sets for the recovery and movement of materials in NSW and across Australia.
Samantha Daly, Partner, and Angus Hannam, Senior Associate, at Johnson Winter Slattery, the firm who acted for Grafil Pty Limited in this case, will take attendees through what they see as the four (4) key takeaways of the decision, as detailed in their article 'Consumers beware – risks exposed in the NSW EPA resource recovery exemption system':
- Confirmation by the courts of the very expansive definition of “waste” under the POEO Act, which means that consumers must be extremely cautious as to how they receive and deal with recycled waste products.
- Consumers of recycled waste can be exposed to criminal liability for reasons outside their control, including failures by processors of which they are unaware.
- Any breach of the EPA’s resource recovery exemptions, no matter how minor, has the potential to carry very significant legal and financial consequences.
- The EPA’s zero tolerance approach to the presence of asbestos in building waste in NSW as exemplified by this prosecution means that the consumers of recycled materials such as continuous process recovered fines should carry out very careful due diligence of their suppliers.
The webinar will be hosted by WMRR CEO, Gayle Sloan.
MEET THE SPEAKERS
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SAMANTHA DALY
Partner, Johnson Winter Slattery
Samantha is a planning and environment lawyer specialising in the energy and resources, waste/ resource recovery, property and infrastructure industries. She advises her clients on all aspects of planning and environment regulation, including approvals, compliance, water, biodiversity offsets, climate change, contaminated land and pollution offences. She also regularly assists clients in conducting due diligence and assessing project risks. Samantha is able to communicate complicated legal requirements in a practical and relatively simple manner which can be understood by all in a project or operations team.
Samantha regularly acts in environmental litigation, including in acting for defendants in litigation brought by the NSW Environment Protection Authority. She provides regular training to her clients in responding to environmental incidents and investigations. She was recognised as a leading Environment and Climate Change lawyer in Doyles Guide in 2019 – 2022 and was a finalist in the 2020 and 2021 Lawyers Weekly Partner of the Year Awards in in the category of Native Title, Planning and Environment.
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ANGUS HANNAM
Senior Associate, Johnson Winter Slattery
Angus is an environment and planning lawyer and Senior Associate at JWS, advising Australian and multinational companies on all aspects of the development life cycle, from environmental assessment and approvals/licensing, to compliance and enforcement. He advises development proponents and stakeholders across a number of sectors and industries, in particular energy and resources, major projects, waste/resource recovery and education, and industry associations and peak bodies on policy and law reform.
Angus is also an experienced litigator, having handled disputes across a range of different courts including the NSW Land and Environment Court (and its equivalents in other jurisdictions), State/Territory Supreme Courts, the Federal Court and the High Court. His experience extends to civil and criminal matters/prosecutions, and internal/external investigations and inquiries. He regularly advises companies on their engagement with regulators and government agencies/departments, including in response to statutory notices and environmental incidents.
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Members - FREE
Non members - $30
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NOTE: Zoom details will be sent to all registrants after 4pm the day prior to the event.