No developments for this quarter.
Company and manager each fined $22,500 for pollution offences: Fairfield City Council v TT Rubbish Removal Pty Limited; Fairfield City Council v Kim Thu Nguyen [2008] NSWLEC 201
A company and its manager admitted guilt to six charges under s 120(1) of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act) which makes it an offence to pollute any waters.
The company carried out the business of collecting and disposing of rubbish and waste and employed several people for that purpose. On six occasions an employee opened a valve on a truck and drained wastewater into an open grate of the stormwater drain which leads to a creek. The employee was acting within the scope of his employment on all six occasions. The council submitted that the manager of the company directed the employee to dispose of the waste water in this manner.
Justice Jagot observed that even if the manager did not direct the employee, the offences were serious and there were no systems in place to prevent the offences. The company was responsible for the offences and the manager was vicariously liable under the POEO Act. The evidence of the manager about the steps she had taken to ensure the offence would not be repeated were ‘vague and unsatisfactory’ and the company had not explained to the employee that what he had done to dispose of the waste water was in contravention of environmental legislation. Furthermore, the offences were deliberate.
The defendants had no prior convictions and the harm was of a low order. Nevertheless the company and manager were each fined $22,500, in addition to the defendants agreeing to pay the council’s costs of almost $70,000.
Guilfoyle found guilty of illegally dumping and burning industrial waste
The Environment Protection Authority (EPA) has successfully prosecuted Guilfoyle Wreckers Pty Ltd (company) for illegally dumping industrial waste. The company deposited and burned industrial waste that it collected from a demolition site.
The company pleaded guilty to the charge and was fined $11,000. They were also ordered to pay EPA costs of almost $6,000.
EPA landfill guidelines
The EPA has made available the Best Practice Guidelines for Landfills Receiving Category C Prescribed Industrial Waste’ (guidelines). Category C waste is waste that poses a low hazard or only exhibits offensive aesthetic properties.
Among other things, the guidelines prescribe standards relating to siting, landfill cell design, construction, quality assurance and community involvement.
The guidelines require existing landfills to upgrade current operating procedures to accord with these standards. New landfills will need to establish compliance at the works approval stage.
The guidelines obtains legal force by virtue of clause 14(1) of the Industrial Waste Management Policy (Prescribed Industrial Waste) 1994, made under the Environment Protection Act 1970.
The effect of the guidelines is to further homogenise the waste management industry.
Update on Waste Avoidance and Resource Recovery Scheme: Waste Avoidance and Resources Recovery Act 2007
As advised in the January 2008 edition of Environment Quarterly, the Waste Avoidance and Resources Recovery Act 2007 (WARR Act) and Waste Avoidance and Resource Recovery Levy Act 2007 (WARRL Act) received assent in late December 2007.
The remaining sections of the WARR Act (sections 4 to 99, Schedules 1 to 3, Schedule 5 and the remainder of Schedule 4) and the WARRL Act (section 3 to 6) commenced on 1 July 2008.
The Waste Avoidance and Resource Recovery Regulations 2008 (WARR Regs) will commence on 1 July 2008.
The WARR Regs provide for:
- conditions relating to Waste Collection Permits
- the payment and return of the Landfill Levy, including penalties of up to $10,000, and
- other miscellaneous matters and transitional provisions.
The WARR Regs amend the:
- Environmental Protection (Controlled Waste) Regulations 2004
- Environmental Protection Regulations 1987, and
- Mining Regulations 1981.
The Waste Avoidance and Resource Recovery Levy Regulations 2008 apply a levy to all waste received at landfill premises in the metropolitan region, as prescribed by section 4 of the WARRL Act.
Talloman Pays $25,000 penalty for odour
Derby Industries Pty Ltd, a rendering company trading as Talloman, has accepted and paid a modified penalty of $25,000 after being fined under section 49(5)(a) of the EP Act for emitting an unreasonable odour from its Hazelmere facility.
Also, Talloman was directed to carry out extensive odour reduction works, including major changes to its waste water treatment plant and process management equipment.
The fine resulted from a DEC investigation into a number of complaints from local residents. The investigations confirmed that an odour emission occurred on 23 June 2006.
The DEC regulates odour issues only in relation to large industries registered under the EP Act, generally odour issues are regulated by local governments.
Changes to the container deposit system: Environment Protection (Miscellaneous) Amendment Act 2008
The Environment Protection (Miscellaneous) Amendment Bill 2008 (EPMA Bill) proposes to amend the Environment Protection Act 1993 (SA) (EP Act). The EPMA Bill makes two significant amendments to the EP Act, as well as various other minor changes. The significant changes are outlined below.
Firstly, the EPMA Bill proposes new provisions to regulate ‘super collectors’. A super collector is an organisation that operates between a collection depot and a recycler in South Australia’s container deposit system. It is hoped that regulation will reduce disputes between super collectors and collector depots (who are currently regulated) by statutorily defining super collector’s rights and liabilities.
Secondly, the EMPA Bill proposes to confer authority on collection depots to refuse to accept containers for refund if they believe the containers have been purchased interstate. They will also be able to request that a person verify that their containers were purchased in South Australia. The EPMA Bill also creates an offence for a person to present for refund a container not purchased in South Australia ($30,000 maximum penalty). It is hoped that this will address the opportunistic behaviour of bringing empty refund-labelled containers into South Australia from other states (where no deposit on the container is paid).
The EPMA Bill received a second reading in the Legislative Council 4 July 2008.
Plastic shopping bags to be phased out: Plastic Shopping Bags (Waste Avoidance) Bill 2008
The Plastic Shopping Bags (Waste Avoidance) Bill 2008 (PSBWA Bill) received a second reading in the Legislative Council on 18 June 2008. The PSBWA Bill seeks to phase out the use of single use plastic bags in South Australia.
The PSBWA Bill applies to single use lightweight bags (below a threshold thickness of 35 microns). The scheme is intended to exclude ‘boutique style reusable bags’ (department store plastic bags) and ‘barrier bags’ (green grocer plastic bags). Other types of bags can be included in the scheme by regulations.
The full prohibition on single use plastic bags is proposed to come into force on 4 May 2009. Transitional arrangements will apply from 1 January 2009. During the transitional period, retailers will be required to offer biodegradable or reusable bags to customers. Single use bags will remain available during this time. Retailers will also need to display shop notices informing customers of the availability of reusable bags. The content of the signs will be set by regulations.
Under the full prohibition (that is, after 4 May 2009) there will be a maximum penalty of $5,000 for offences contraventions of the PSBWA Bill. The PSBWA Bill also allows authorised Environmental Protection Authority officers to exercise relevant powers to administer the scheme.
The introduction of the PSBWA Bill represents a policy shift in plastic bag regulation. Previously, discussion had focussed on a plastic bag fiscal levy, however this approach was rejected due to concerns about the ability of price to influence consumer behaviour.
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