Buyer beware? Video report

Buyer beware? Video report

It clarified what responsibilities and liabilities consumers have for resource recovered materials, and what it means when the material is found not to meet specifications or contain asbestos. It also overturns a lot of conventional wisdom as to what the EPA must prove in prosecuting waste offences, and even re-writes our understanding of what is “waste” under NSW’s environmental legislation.

The case has implications for recyclers, transporters, and consumers of resource recovered products, which we discuss below.

Gavin Shapiro is Partner at Hones Lawyers. Contact: gshapiro@honeslawyers.com.au

Steward of change: a review that needs to deliver

Steward of change: a review that needs to deliver

While the public consultation phase of the Product Stewardship Act review is coming to a close, the review continues and at present the outcomes are difficult to forecast.

The Department of the Environment and Energy (the Department) has been seeking input from industry, governments and the general public to ensure the Product Stewardship Act 2011 (the Act) is effective and delivering the best outcomes for business and the environment. Read more

PFAS National Environmental Management Plan: key take-home messages

PFAS National Environmental Management Plan: key take-home messages

PFASs (per- and polyfluoroalkyl substances) are man-made chemicals that have been used in industry and consumer products worldwide since the 1950s. They have been used in firefighting foams, non-stick cookware and stain resistant fabrics and carpets. They are highly resistant to heat, chemical and biological attack and as a result, they persist in the environment. They are also bio accumulative and ecologically toxic. Read more

Avoiding the pitfalls in tenders

Avoiding the pitfalls in tenders

Often the first time lawyers are called in is when a contractual dispute has broken out and relationships have soured, preventing speedy and inexpensive resolutions. Occasionally, the dispute can be traced back to something which could have been easily addressed in the tender process.

Typically, the problems we encounter involve inadequate or unclear specifications for the required services, use of inappropriate contract documents, and negotiations straying beyond the core purpose of the tender itself.

Read more

Legal Eagle: environmental liability between principal contractors and subcontractors

Legal Eagle: environmental liability between principal contractors and subcontractors

Bettergrow, a waste management facility in Vineyard, NSW, specialising in processing drilling slurries, biosolids, garden organics, food waste, and grease trap waste, received two loads of asbestos contaminated drillers mud in March 2016, which had originated from the refurbishment of an electricity substation owned by Transgrid in Beaconsfield, Sydney.

Bettergrow was not licensed under the Protection of the Environment Operations Act 1997 (NSW) to accept asbestos contaminated waste. Read more

Shifting the spotlight

Shifting the spotlight

Whether we verbalise this or not, studies have shown that energy is on the minds of all business directors. According to the AICD Director Sentiment Index, 58% of Australian directors rate energy policy and pricing as the biggest issues of 2018, ahead of taxation reform and infrastructure development. These findings are mirrored by the World Economic Forum survey, where the largest risk identified by Australian respondents was energy price shock, with two-thirds of executives identifying this as being one of their top five concerns. Read more

Incineration in Asia - a viable solution?

Incineration in Asia – a viable solution?

According to the World Bank, municipal solid waste (MSW) generation is going to double by 2025, keeping in mind that OECD countries are still producing the majority of that waste. In Asia, the current average waste generation is approximately 0.9kg/capita/day and is set to increase to 1.5kg/capita/day as the economy develops. The current waste production in Asia stands approximately at 738,000 tons/day and will increase to 1,865,000 tons/day in 2025. The waste disposal in this region will be one of the major challenges in the years to come. Read more