OUR EXPERTISE

Waste & Resource Recovery

We assist developers, operators and third parties in all aspects of the resource recovery and waste industry, from project conception through to the closing of resource recovery and waste sites. This includes providing advice on legislative frameworks and other legal queries, submissions to Government and enforcement and prosecution disputes against regulatory bodies.

How we can support

  • Providing representation in prosecution proceedings for environmental or planning offences

  • Advising on and appealing licence conditions for waste facilities

  • Advising on the application of the landfill levy

  • Carrying out due diligence reports for the operation of waste facilities

  • Drafting and negotiating lease agreements for the use of land for waste purposes, noting that specific advice in relation to contamination and rehabilitation is required

  • Advising waste operators in relation to land use conflicts and dealings with regulatory authorities

Recent Experience

  • Provided advice to the purchaser for the purpose of a business acquisition of a landfill facility on whether the purpose will become liability for any unpaid waste levy upon completion of the sale.

  • Advised a major developer on whether materials received on a complex site were waste or a resource for recycling.

  • Acted for a liquid waste facility in obtaining developer approval from a local government for a new premises which included discussing appropriate conditions of approval with the local government authority to ensure odour and noise would be appropriately managed.

  • Acted for a major recycling company in drafting and negotiation a 50-year ground lease with a State Government Department.

  • Acted for a commercial entity in enforcement disputes with the Department of Water and Environmental Regulation and the local government in relation to the receipt of material for on-site recycling.

  • Acted for the operator of a green waste processing facility in relation to obtaining environmental approvals and acting in subsequent enforcement proceedings for a breach of licence conditions.

  • Represented a waste facility operator in the State Administrative Tribunal pin proceedings concerning the review of a decision to refuse an application for a construction and recycling facility based on the use characterisation and environmental impacts.

  • Assisted a material recycling facility on the application for a works approval under the environmental protection act.

  • Acting for a major recycling facility and their operations which are under threat by a combination of land use conflicts and site contamination, and the associated regulatory actions. The firm’s services include appealing the issuance of environmental protection notices by the Department of Water and Environmental Regulation, the engagement and management of experts in contaminated sites (in particular groundwater contamination and PFAs), odour and waste water treatment and liaising with the Department to amend operating licences.