EPA SA considering appeal over prosecution ruling

The South Australian EPA (EPA SA) looks set to challenge a recent Environment, Resources and Development Court ruling that overturned its prosecution against Adelaide Resource Recovery (ARR).

EPA SA pursued Adelaide Resource Recovery Pty Ltd (ARR) for a breach of its licence conditions, alleging that in 2013 it had stockpiled mixed construction and industrial waste in the open, when it was required to undertake storage and processing in a covered area.

Following a hearing in the Environment, Resources and Development Court on 4 March, Judge Jack Costello ruled against the EPA and found ARR not guilty of breaching its licence.

EPA SA has expressed disappointment over the court’s judgement, which it said could have ramifications for the state’s waste regulations and may lead to uncertainty how they apply to industry.

Announcing that it was considering its legal options for an appeal, EPA Chief Executive Tony Circelli said it was a disappointing outcome to a case that dates back to September 2013.

“Some wider aspects of the judgment appear to lead to administrative uncertainty so far as the regulation of recyclable waste and recycling companies is concerned,” he said. “This is of significant concern because it signals a clear departure on how the concept of waste is defined compared with how it is interpreted in other national and international jurisdictions.”

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