The NSW Women of Waste Leadership Breakfast 2018

G&B Lawyers Partner Kim Glassborow hosted the annual Women of Waste Leadership Breakfast organised by the Waste Management Association of Australia (WMAA) last Wednesday morning.

With 100 attendees at Kirribilli Club enjoying an early breakfast, we heard from the Acting Chair / CEO of the NSW EPA, Anissa Levy, CEO of Envirobank Recycling, Narelle Anderson and Partner from Sphere Infrastructure, Kate Dryden.

It was an inspiring morning and we thank everyone again for making this event a great success in 2018.

Women make great leaders in this essential industry of waste management and resource recovery.

 

G&B Lawyers
M: 0481 287 528 Kim Glassborow (Partner) | M: 0411 067 367 Nathan Buckley (Partner)
Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000
Mail: GPO Box 1849, Sydney, NSW 2001
www.gandblawyers.com.au | kglassborow@gandblawyers.com.au | nbuckley@gandblawyers.com.au 

 

 

The Royal Commission is the gift that keeps on giving. It is unbelievable that people who have a fiduciary duty to act in the best interests of clients decide that it is ok to steal a dead person's money. That's a crime. Clear and simple.

People need to be held accountable and charged with criminal offences for theft as well as breach of trustee and fiduciary duties.


https://www.smh.com.au/business/banking-and-finance/more-dead-clients-were-charged-money-for-financial-advice-by-cba-20180815-p4zxku.html

The sentencing of Asbestos Dumber Dib Hanna

Ministerial Statement from NSW Environment Minister Gabrielle Upton

The sentencing of convicted repeat waste transporter Dib Hanna sends a strong message that illegal dumping of waste will not be tolerated.

Mr Hanna pled guilty to each of five charges against him.

It is the first time the Land & Environment Court has been asked to consider jailing a “repeat waste offender” under tough new anti-dumping legislation introduced by the NSW Government in 2014.

It is an appropriate sentence for Mr Hanna, who took advantage of innocent people for his own financial benefit.

Illegal dumping, especially of asbestos waste, is a serious environmental crime and NSW has tough laws to prevent it.

Today’s result will serve as an important warning to those thinking of breaking the law.

Any behavior that flagrantly puts the health of the community and the environment at risk will not be tolerated.

Landowners should always be extremely cautious when accepting topsoil and be on the lookout for dodgy operators.

The simple message is: check that the soil you’re receiving is clean and comes from a reputable supplier.

Contact the EPA on its 24 hour alert line 131 555 if you have any doubts about the company making the offer. 

This is also the best way you can report any illegal dumping. 

Background

Dib Hanna pled guilty to one charge of illegal transport of waste and four counts of illegal dumping of waste including;

• In October-November 2015 for illegal dumping at East Kurrajong
• In December 2015 for illegal dumping at Llandilo
• In November - December 2015 for illegal dumping at Wallacia
• In December 2015 - January 2016 for illegal dumping at East Kurrajong

The Land and Environment Court has sentenced Dib Hanna to three years’ imprisonment.  He has also been ordered to clean up the dumped waste, to publish details of the offence and to pay the EPA’s legal costs.

Mr Hanna has a non-parole period of 2 years and 3 months, ie, the earliest he can be released is 16 July 2020 as the sentence was backdated to 17 April 2017.

In late 2016, the NSW EPA prosecuted Mr Hanna for the illegal transport and dumping of waste, including asbestos, on private properties in western Sydney in 2015 and 2016. Each charge carried a maximum penalty of $250,000 and/or two years’ imprisonment.

In an exhaustive pursuit, the NSW EPA worked with the Police to have him arrested in Victoria and extradited
to NSW after he failed to appear in Court to answer the charges. This is the first time a person has been extradited in relation to environmental offences.

The Court heard that Mr Hanna had advertised free clean top soil, clay, crushed bitumen and shale and the use
of an excavation machine to various Sydney residents via a letterbox drop.

Upon being contacted by innocent residents interested in receiving the free material, between October 2015
and January 2016 he instructed truck drivers to transport and deposit 461m3 (461,000kg) of waste, including asbestos waste, at residential properties in East Kurrajong, Llandilo and Wallacia.

Queensland to reintroduce the landfill waste levy in early 2019

The Waste Management Association of Australia (WMAA) today welcomes the Queensland Palaszczuk’s Government confirmation that the landfill levy will be reintroduced in early 2019 as part of the improved approach to the management of waste and resource recovery in Queensland. 


“WMAA recognises that there is a lot of work to be done in ensuring that both the Queensland policy and the levy are successfully implemented. We look forward to working closely with Government in developing the detail of how both the policy and levy.”


The Queensland government has a great opportunity to develop a robust and dynamic resource recovery industry in the next five years, and create the jobs and investment that is required if it creates the correct policy and legislative settings required. 

This means that it needs to ensure that industry has certainty in both planning and regulation and the current impediments to doing business well in Queensland are removed.


“The ultimate goal of WMAA is to achieve sustainable and environmentally sensitive waste management across the entire industry,” said CEO Gayle Sloan. “And to ensure a level playing field for all organisations, and for the betterment of the services provided to the public.”

WMAA welcomes the Queensland government’s commitment to creating a circular economy within Australia by encouraging redesign, reduction, reuse, recycling, and manufacturing. 

The last piece of the puzzle is a harmonised approach to create a circular economy in Australia, wherein we can develop onshore local markets and create local employment (for every 10,000 tonnes of waste recycled, more than 9.2 jobs are created).

Kim Glassborow appointed to the National Board of WMAA

G&B Lawyers is delighted to announce the appointment Kim Glassborow to the National Board of the Waste Management Association of Australia (WMAA), the national peak body for the waste and resource recovery industry. 

Congratulations Kim.

G&B Lawyers Work, Health & Safety update | April 2018

The newly proposed Work Health and Safety Amendment Bill 2018, will have significant changes to NSW.

Some of these changes include:

·        empowering safety inspectors to record interviews during inspections without the consent of the interviewee; and

·        exemption of law enforcement officers from prosecution if they breach WHS duties whilst dealing with an armed offender.

Recording Interviews without consent

The recording of the interview may occur without the consent of the interviewee, however, it must be made aware to the interviewee that the interview is being recorded. This will be a significant amendment in NSW.

Exemption from prosecution for law enforcement officers

Under the proposed bill, law enforcement officers along with other officers in the chain of command, will be exempted from prosecution for breaching WHS duties, when responding and dealing with an incident concerning armed offenders.

NSW Parliament has stated that it is unreasonable to expect officers dealing with armed offenders to be at risk of prosecution due to their prioritisation of public safety over their WHS duties.

SafeWork NSW extra-territorial powers

The proposed changes will also provide SafeWork NSW with the power to obtain information from company branches in other states and territories for NSW investigations.

This change is proposed to reduce the inefficiencies caused by the need to subpoena information located interstate.

G&B Lawyers Partner | Kim Glassborow presenting at the Australian Waste to Energy Forum 2018

G&B Lawyers | Partner | Kim Glassborow presenting at the WCRA Breakfast Briefing | 13 March 2018

Kim Glassborow will be presenting on EPA matters of interest including Authorised Amounts in EPLs and how they operate, Resource Recovery Orders & Exemptions and Financial Assurances. 

Venue: Doodleys Lidcombe Catholic Club
24-28 John Street, Lidcombe
Breakfast from 7:15am to finish at 9:15am

For further details contact the Waste Contractors and Recyclers Association of NSW
P: 02 9604 7206
E: memberservices@wcra.com.au
W: www.wcra.com.au 

G&B Lawyers Partner Kim Glassborow will be presenting on the legal framework for Waste to Energy plants in NSW at this important AIEN forum

'Firing up a WtE project' explaining the legal framework in New South Wales

There has been no State Significant Development Approval granted in New South Wales (NSW) for a waste to energy (WtE) project yet – the operative word being yet.

Obtaining project approval is the first major step to realising a WtE plant.

However, the current landscape in NSW, may give the impression that obtaining an approval is near impossible. Obstacles within the planning stage include supremely complex legislation, regulators and environmental conservationists dealing with the unknown. This is not to mention the NSW Parliamentary Enquiry focussing on WtE technology.

This talk will walk through the legislative planning requirements to obtain approval for such a project in NSW by providing hypothetical scenarios and drawing on examples of current proposal(s) in NSW.

Legislative planning requirements include abiding by the numerous state planning statutes, addressing the Director-General’s requirements, preparing an Environmental Impact Statement, engaging in public exhibition and educating communities and importantly, having the financial backing to see the application through to completion.

I will also describe the assessment stage of the project once it has been submitted to the NSW Department of Planning and Environment and give an indication as to the time it takes to be assessed.

In addition, the legal options that are available after a determination has been made will be discussed to stress the importance of making the case well and getting the planning and environmental requirements right.

A topical and highly relevant update on the current NSW Parliamentary Enquiry into the first proposed WtE plant in NSW and the effect it will have on the waste industry moving forward will also be provided.