Waste Management in NSW: The Legal Issues
The challenge of keeping up to date with waste legislation continues as waste reduction targets and alternative resource recovery is prioritised in NSW. You’ll hear from the newly appointed CEO of the EPA, Tracy Mackey, and gain the latest legal updates and advice for good compliance practices in just half a day. Examine recent cases, investigations, prosecutions, and contractual issues. WEB2112N02
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Jennifer Hughes, Principal, Beatty Hughes & Associates; Recommended Environment & Climate Change Lawyers, Doyle’s Guide 2020
9.00am to 9.05am Opening Comments from the Chair
9.05 to 10.00am Waste Investigations, Compliance and Prosecutions
- An inside look at the EPA’s regulatory discretion and how it is applied in investigations and prosecutions
- Conduct of waste investigations: tips for both conducting and responding to compliance investigations
- Conduct of prosecutions: insights into effective prosecution and defence
- Sentencing and penalty considerations
- Alternatives to prosecution including enforceable undertakings
Presented by Ross Fox, Principal, Fishburn Watson O’Brien Lawyers; Accredited Specialist in Planning and Environment Law
10.00am to 10.15am INSIGHTS FROM THE EPA: Opening Address: Regulating Waste to Protect the Environment, Economy and Communities of NSW
Presented by Tracy Mackey, Chief Executive Officer, NSW Environment Protection Authority
10.15am to 11.15am Legislative, Regulatory Reforms and Policy Update
- Update on recent policy and regulatory developments and reforms regarding waste management, both at the Commonwealth and State level
- Discuss the impacts on the waste sector and how the industry is responding
Presented by Breellen Warry, Partner, Maddocks; Recommended Planning & Development Lawyer, Doyle’s Guide 2021; Best Lawyers 2022, Planning and Environmental Law and Linda Martin, General Counsel, REMONDIS Australia
11.15am to 11.25am Break
11.25am to 12.20pm Recent Court Decisions Affecting the Waste Industry
Analysis of some recent decisions affecting the Waste Industry
Presented by Lauren Sims, Barrister, Martin Place Chambers
12.20pm to 1.15pm Contractual Issues in the Management of Municipal Waste
- Issues arising in the development of new waste facilities on council-owned land, including in relation to:
- Allocation of technology risk
- Allocation of feedstock risk
- Termination or suspension rights
- Payment obligations
- Contractual responses to market and regulatory risks
- Ensuring that performance specifications work with the contract
Presented by Joshua Same, Partner, Maddocks
Presenters
Tracy Mackey
Tracy Mackey has dedicated her career to safeguarding communities. Since entering the public sector in 2002, she has applied her inclusive leadership style and progressive approach to strategy and policy development across a range of government departments and agencies. From emergency services and immigration to aged care and early childhood education, Tracy is driven to make a positive impact on the communities we all share.
As the CEO, NSW Environment Protection Authority, Tracy brings together the expertise and broad perspective she’s gained from a career spanning all three tiers of government to lead the largest environmental regulator in Australia. In this role, Tracy is responsible for delivering outcomes and providing regulatory assurance that protects the environment and enables industry to contribute to a strong economy.
Jennifer Hughes
Jennifer has over 25 years’ experience in environment and planning law, assisting industry, developers and government to manage environment incidents and on-going compliance, obtain development consents and environmental licences and acquire and divest industrial and contaminated land. Jennifer is widely recognised as a leading advisor to the waste industry due to her in-depth understanding of issues unique to that sector. Jennifer was a partner at Baker McKenzie before joining Andrew Beatty at Beatty Hughes and Associates. She is ranked in a number of directories as a leading environmental lawyer.
Breellen Warry
Breellen Warry is a Partner within the Public Law team at Maddocks. Breellen advises both private and public sector clients across various industries on a wide range of planning, environment and government matters. Breellen also has extensive experience advising NSW State government and local councils on planning and environmental law and has worked both within and for government agencies in NSW and in the UK. Breellen has also lectured at Western Sydney University, teaching planning and environmental law and has authored Thomson Reuters' Planning and Development Law Service. Breellen has been recognised in the Doyle's Guide as a Leading Planning & Development Lawyer – New South Wales since 2020 and in the 2021 and 2022 Editions of Best Lawyers for Planning and Environmental Law.
Linda Martin
Linda is the General Counsel of REMONDIS Australia Pty Limited, a leading international and Australian waste, recycling, water and environmental services company. Prior to that, she held senior legal roles in property development, asset management and corporate governance with a top tier law firm and in-house with ASX listed Sydney Airport Corporation Ltd, Optus, Stockland and Colonial First State Global Asset Management. Linda and her legal team specialise in contract delivery and risk management across REMONDIS’ NSW, ACT, VIC, QLD and WA waste and water businesses, and liaise with regulators and local councils in relation to existing operations and new projects. REMONDIS is also is a leading innovator in the circular economy shift from landfills to EfW facilities in Australia and in navigating the regulatory regime to deliver bespoke EfW build and operational contracts.
Ross Fox
Ross Fox is an Accredited Specialist in Planning and Environment Law who has worked as a Director of Litigation for the EPA. Ross has particular expertise in negotiation with government having worked closely with the EPA executive and CEO to develop and implement the EPA’s regulatory strategy. Over almost 10 years, Ross prosecuted some of the EPA’s most significant matters. His unique expertise means he is regularly retained by key industry associations including the Waste Contractors and Recyclers Association (WCRA) and Australian Organics Recycling Association (AORA). Ross also regularly advises on obtaining planning approvals including in respect of several current waste to energy projects.
Joshua Same
Joshua Same is a Partner within the public law team at Maddocks. Joshua is an experienced environmental and planning lawyer who specialises in advising government and private clients on environmental regulation, waste contracts, contaminated land, and local government procurement, projects and operations. He has particular interest and experience in waste contracting and regulation, advising on waste regulatory issues including licensing, waste classification and resource recovery exemptions. In the past two years he has advised over 25 local councils on collection, disposal and processing contracts worth over $500M. He holds a Bachelor of Environmental Engineering degree, which adds a multi-disciplinary perspective to his work and assists him in understanding and documenting technical processes.
Lauren Sims
Lauren Sims was called to the Bar in 2020. Prior to coming to the bar, Lauren worked as a solicitor in private practice, government and in-house roles. She commenced her legal career as a tipstaff and associate to a judge of the Land and Environment Court. Lauren has experience in a broad range of areas of law including environmental law, planning, mining law, energy and resources, work health and safety, native title, and property. She has conducted litigation in civil, administrative and criminal proceedings and resolved disputes through alternative dispute resolution including mediation, conciliation and negotiated settlements.