The Land and Environment Court has recently clarified the definition of ‘waste’ in the context of criminal proceedings for unlawfully transporting waste.
In Environment Protection Authority v Terrace Earthmoving Pty Ltd & Page  NSW LEC 216, Craig J determined on the facts of the matter that the defendant was ‘not guilty’ of unlawfully transporting waste. Of significance is the finding that the relevant substance did not constitute ‘waste’ because the end user had a material use for the substance which had been transported.
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