A material that is re-purposed tells against a conclusion that the material is a ‘waste’ as defined in the Queensland legislation. The Queensland District Court recently decided the following things were not a waste:

  • a gas cannister, which could be repurposed as a bird scarer or flame thrower;
  • irreparable and unserviceable machinery, from which parts could be harvested; and
  • tyres and rims, which is worn beyond its useful life but can be put to another use.

The District Court considered whether a material is a waste will depend on the state of mind of the person selling or disposing of the material, and the state of mind of the person acquiring the material and evidence about how the disposal came about. 

The case involved an appeal against a not guilty decision of a Magistrate relating to prosecution of a company and individual for an alleged failure to hold an environmental authority for ERA62: resource recovery and transfer facility operation.  

The business involved buying and selling farming machinery and components, as well as repairing farming machinery. The business had been operating for more than 40 years.  The Magistrate described the site as ‘not aesthetically pleasing’. The site had a vast amount of second hand farming equipment, including rusty and disassembled material. The Magistrate found there was no evidence that the material on the site presented a risk to the environment, although the Complainant did allege that there was a risk of fires or discharges of contaminants into soil and waterways.

The case was decided based on the former definition of ‘waste’ in the Environmental Protection Act 1994 (Qld), section 13. The definition has since been moved to the Waste Reduction and Recycling Act 2011 (Qld), section 8A without substantive amendment other than the addition of a new regulation making power. See our previous article on that topic: Proposed changes to Queensland’s waste legislation

Key takeaway

This case provides important guidance on when a material will trigger the suite of Queensland laws affecting wastes including the waste levy, approval requirements for environmentally relevant activities and waste transport requirements.

If you want to learn more about the case, or have questions about the changes to the Waste Reduction and Recycling Act 2011, contact our Planning and Environment team.