- Recycle and reuse
Advising on the use of waste water under various schemes to recycle and reuse water, including under Waste Codes, Beneficial Use Agreements and Environmental Authorities for uses such as irrigation, mine operations, dust suppression and others.
- Illegal dumping
Acting for an insurer of a global property owner and developer with respect to illegal dumping of toxic waste on an industrial site in Victoria, including assisting the insured to manage the Victorian Environmental Protection Agency’s and WorkSafe Victoria’s response to the dumping and advising on the terms of the clean up order.
- Defective design
Acted for underwriters regarding a claim for approximately $65 million against its insured arising from damage caused as a result of allegedly defective design and/or construction of a waste management facility. Underwriters’ rights are reserved pending completion of a number of coverage issues in respect of which a declinature seems likely.
- Environmental exposure
Acting for an insurer on its potential environmental exposure caused by a significant escape of sewage resulting from a construction incident at a substantial construction site in NSW under an Environmental Impairment Liability Policy.
- Infringement and prosectuion
Advised a national meat processor in relation to EPA infringement notices and potential prosecution arising from leak and overflow of waste water from a large holding pond facility, including advising on a response to EPA and dealings with EPA in response to potential fines and prosecution.
- Regulation, codes and approvals
Advising mining, oil and gas and industrial clients with respect to waste and waste water regulation, including Waste Codes and Approvals.
- End of Waste regime
Advising and supporting the concrete and aggregates industry with managing fibrous cement by-product waste disposal under the new End of Waste regime in Queensland.
Waste and the management of waste underpin every element of health, business and community.
Carter Newell’s involvement within this expansive sector, in which we act for local councils, government bodies, extractive resource organisations and private and public clients, encompasses the entire life cycle of waste in major projects – creation and collection facilities, management and compliance, disposal and disputes.
Our well-resourced team works closely together on matters ranging from the planning and creation of new waste facilities, providing advice in relation to the management of waste including compliance and approvals, and end-of-waste obligations including reuse and disposal.
In the instance of an environmental incident, the protection of people, property and the environment is paramount. Our team undertakes an immediate incident response protocol in the defence of enforcement actions and prosecutions taken by regulators, and the defence of third party claims as clean up obligations.
Our knowledge of the waste framework including regulations, policies and licensing requirements ensures we are able to manage every component of waste management.