Waste company facing $20m bill
disposal of waste to landfill.
The company lost an appeal to the Court of Appeal in May against the Supreme Court’s March 2016 decision, which ordered it to pay almost $21.5 million in outstanding levies and penalties.
“This is a significant win for the State Government and most importantly, for the environment,” Mr Dawson said. “The landfill levy acts as an incentive to reduce waste disposed of to landfills and encourage the recycling of waste.
“It also generates funds for environmental projects which benefit the community, including educational programs and initiatives such as the greatly anticipated container deposit scheme.
“The State will continue to pursue Eclipse to recover the unpaid landfill levy plus penalties for non-payment.”
The case related to Eclipse’s liability to pay the levy for fill used at the former quarry sites on Wanneroo Road in Neerabup, Flynn Drive in Carramar and Abercrombie Road in Postans.
According to the Court of Appeal judgment, the company accepted 443,380 cubic metres of fill at the Postans facility, 96,824 at the Carramar site and 96,464 at Neerabup between July 1, 2008 and September 30, 2014.
Materials received from third parties included clean construction and demolition materials, sand, rocks, peat and soils.
“Materials received by Eclipse, for filling voids, were materials third parties did not want or need,” the judgment said.
“Eclipse did not pay for any of the material it received at the sites to be deposited and compacted in the voids. The third parties generally paid Eclipse to accept the material.”
The company had argued the materials it used were not waste, and in 2011, it told Community Newspaper Group the levy should not apply as it was creating valuable land in old quarries by using or recycling inert material as fill.
The Courier contacted Eclipse Resources for comment, but did not receive a response.
Eclipse Resources will be required to pay more than $20 million in landfill levy fees dating back to 2008.