Recent Cases

Weston Aluminium Pty Ltd v Environment Protection Authority [2022] NSWCA 236 (17 November 2022) (Ward P, Basten AJA and Preston CJ of LEC)


ENVIRONMENT AND PLANNING – waste disposal – licensing of premises – scheduled activity – waste disposal (thermal processing) – exemption from obligation to pay contribution – whether appellant is occupier of scheduled waste disposal facility – licence requirement arises because facility used for treatment and processing – distinction between treatment and processing and disposal – disposal does not include treatment leading to destruction – Protection of the Environment Operations Act 1997 (NSW), s 88 – Protection of the Environment Operations (Waste) Regulation 2014 (NSW), cl 20(3)

STATUTORY INTERPRETATION – definitions – “waste disposal” – term not defined in statute – where term found in heading to clause – heading as extrinsic material – meaning to be determined by reference to statutory context – Dictionary meanings unable to determine statutory meaning