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Archive for the ‘Environment’ Category

Contaminated Sites Committee’s role clarified: Caltex Australia Petroleum Pty Ltd v Contaminated Sites Committee [2017] WASC 155

By Castledine Gregory • August 3rd, 2017

A recent Supreme Court decision has provided further clarity regarding the scope of the Contaminated Sites Committees’ statutory role to allocate responsibility for the remediation of contaminated sites.   The Committee is an administrative tribunal that has 2 main statutory functions – it assesses appeals against the classification of a site by the Department ofmore…

Prosecution for illegal native vegetation clearing in Western Australia

By Castledine Gregory • August 3rd, 2017

  A recent decision in the Perth Magistrates Court has demonstrated the importance of ensuring environmental approvals are considered before clearing native vegetation in the state. Following an investigation by the Department of Water and Environmental Regulation (DWER), Magistrate Hawkins fined a Perth company $56,000 and ordered it to pay $6503 in costs for illegalmore…

Supreme Court gives guidance on the meaning of ‘waste’ and applying the landfill levy

By Castledine Gregory • March 23rd, 2016

The recent decision of the Supreme Court of Western Australia in Eclipse Resources Pty Ltd v State of Western Australia [No.4] [2016] WASC 62 considered the meaning of ‘waste’ for the purposes of the landfill levy imposed by the Waste Avoidance and Resources Recovery Levy Regulations 2008 (WA) made under the Waste Avoidance and Resourcesmore…

Momentum for environmental approvals reform

By Castledine Gregory • December 22nd, 2015

There have been two legislative reform proposals in 2015 that aim to streamline environmental regulation of the mining industry. While these proposals assist the mining industry with a clearer and less duplicative structure for environmental approvals processes, companies should always ensure that they apply some fundamental strategies to optimise their critical approvals path.   Bilateralmore…

Supreme Court confirms consultant liable to remediate land

By Castledine Gregory • March 9th, 2015

The Supreme Court of Western Australia in Coffey LPM Pty Ltd v Contaminated Sites Committee [2014] WASC 504  (Coffey v Committee) has confirmed a consultant’s liability to remediate contaminated land. In doing so, the Supreme Court also determined that the Contaminated Sites Committee (Committee), which determines responsibility for the remediation of contaminated sites under the Contaminated Sitesmore…

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