SA Environmental Legislation - Waste - Unsuccessful prosecution

A waste recovery company was charged with two counts of contravening a condition of its environmental authorisation as they had stockpiled mixed construction and industrial waste in an uncovered area. However, the judge has ruled against the EPA because the waste does not fit the definition of ‘waste’ under the Environment Protection Act 1993 and the Environment Protection (Waste to Resources) Policy 2010. The judge considered the fact that the waste had been reprocessed and, although it required further reprocessing, it was to be sold for immediate use. The EPA is considering the option of appealing the decision as it has created uncertainty for the regulation of recyclable. More here and here.