Waste Management in NSW: The Legal Issues
There is a lot happening in waste management in NSW, so don’t miss your chance to attend this timely seminar to update yourself with recent case law, prosecutions and defence from those on the front-line. Dive into the circular economy developments and opportunities to ensure you stay on top of legislative change plus the waste classification and recovery issues in this rapidly changing space. Rethink resource recovery orders and exemptions to ensure that you are exploring the future of waste. WEB233N08Z
Description
Attend and earn 2.5 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
2.00pm to 2.45pm Recent Waste Case Law Developments
- Penalties & waste prosecutions
- Statutory and other defences
- Supplying false or misleading information about waste
- Relevant judicial review and civil enforcement decisions
- Validity of statutory notices in waste matters
Presented by Mark Cottom, Director, Local Government Legal; Accredited Specialist Local Government and Planning
2.45pm to 3.30pm Encouraging a Circular Economy and Opportunities for Waste
- Circular economy developments in NSW, including a review the Plastics Reduction and Circular Economy Act 2021
- Waste classification and recovery: what happens when waste is no longer considered waste?
- Explore the opportunities for waste as well as an assessment of the economic viability of recycled materials
Presented by Hasti Kalarostaghi, Partner & Principal, Hunt and Hunt Lawyers
3.30pm to 3.45pm Break
3.45pm to 4.30pm Rethinking Resource Recovery Orders and Exemptions: Current Issues and Future Directions for Waste Management
Resource recovery orders and exemptions have been criticised in recent years, including by the Courts, for a variety of reasons including being difficult to work with for both generators and consumers. The NSW EPA commissioned an independent review by Dr Cathy Wilkinson to identify these concerns and areas for improvement which was made public in September 2022. In this session you will consider:
- Legal issues raised by industry regarding the operation of resource recovery orders and exemptions
- Areas for improvement identified by Dr Wilkinson, evaluation of any response from the EPA and the potential future reforms
Presented by Ross Fox, Principal, Fishburn Watson O’Brien Lawyers; Accredited Specialist in Planning and Environment Law
Presenters
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 Beatty Hughes & Associates. She is ranked in a number of directories as a leading environmental lawyer.
Mark Cottom
Mark Cottom is a solicitor with over 15 years’ experience working in the fields of local government, planning, environmental and administrative law. Over this time he has advised and/or advocated for well over 40 local councils in metropolitan, rural and regional areas across the State, as well as State Government authorities, other corporations and private citizens. Mark regularly appears for councils before Commissioners of the Land and Environment Court in planning and other appeals, as well as in enforcement and other matters before Judges of the Court. He also appears for councils in Local Court and NCAT matters, and regularly advises on complex matters of law within his fields of expertise.
Hasti Kalarostaghi
Hasti joined Hunt & Hunt in 2008. She is a senior leader and mentor of the Hunt & Hunt planning and environment team. Hasti works with government, corporate and private clients. She is well regarded as an expert in relation to planning and environmental law, compliance, merit appeals, and transactional and property development matters. Hasti was named as a recommended Planning and Environment Lawyer in Doyle’s Guide 2018 and 2019. Recognised for her legal expertise in valuation and compulsory acquisition of land and property rights, Hasti regularly appears at the Land and Environment Court on planning and valuation appeals. Her transactional work includes drafting complex agreements, providing advice on developer deeds, planning agreements and transport infrastructure agreements.
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. Prior to this Ross worked for a major international law firm. Ross now acts for a wide range of private sector and government clients across the waste sector. 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.