Waste com­pany fac­ing $20m bill

Weekend Courier - - Front Page -

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.

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