JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: ECLIPSE RESOURCES PTY LTD -v- THE MINISTER FOR ENVIRONMENT [No 2] [2017] WASCA 90
CORAM: BUSS P
NEWNES JA
MURPHY JA
HEARD: 2 - 3 NOVEMBER 2016 & ON THE PAPERS
DELIVERED : 12 MAY 2017
FILE NO/S: CACV 16 of 2016
BETWEEN: ECLIPSE RESOURCES PTY LTD
Appellant
AND
THE MINISTER FOR ENVIRONMENT
Respondent
FILE NO/S :CACV 17 of 2016
BETWEEN :ECLIPSE RESOURCES PTY LTD
Appellant
AND
THE STATE OF WESTERN AUSTRALIA
First RespondentTHE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF ENVIRONMENT REGULATION
Second RespondentTHE MINISTER FOR ENVIRONMENT
Third Respondent
FILE NO/S :CACV 18 of 2016
BETWEEN :ECLIPSE RESOURCES PTY LTD
Appellant
AND
THE STATE OF WESTERN AUSTRALIA
First RespondentTHE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF ENVIRONMENT REGULATION
Second RespondentTHE MINISTER FOR ENVIRONMENT
Third Respondent
ON APPEAL FROM:
For File No : CACV 16 of 2016
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :BEECH J
Citation :ECLIPSE RESOURCES PTY LTD -v- THE STATE OF WESTERN AUSTRALIA [No 4] [2016] WASC 62
File No :CIV 2385 of 2013
For File No : CACV 17 of 2016
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :BEECH J
Citation :ECLIPSE RESOURCES PTY LTD -v- THE STATE OF WESTERN AUSTRALIA [No 4] [2016] WASC 62
File No :CIV 2416 of 2014
For File No : CACV 18 of 2016
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :BEECH J
Citation :ECLIPSE RESOURCES PTY LTD -v- THE STATE OF WESTERN AUSTRALIA [No 4] [2016] WASC 62
File No :CIV 1364 of 2009
Catchwords:
Local government and environment - 'Waste' - Material deposited and compacted in voids at premises - Waste management - Statutory construction - Meaning of 'waste' - Meaning of 'waste accepted for burial' - Meaning of 'waste disposed of to landfill'
Constitutional law - Duties of excise - Whether levy imposed on waste disposed of to landfill is a duty of excise
Legislation:
Environmental Protection Act 1986 (WA)
Environmental Protection Regulations 1987 (WA)
Waste Avoidance and Resource Recovery Act 2007 (WA)
Waste Avoidance and Resource Recovery Levy Act 2007 (WA)
Waste Avoidance and Resource Recovery Levy Regulations 2008 (WA)
Waste Avoidance and Resource Recovery Regulations 2008 (WA)
Result:
Appeals dismissed
Category: A
Representation:
CACV 16 of 2016
Counsel:
Appellant: Mr M McCusker QC & Mr S Penglis
Respondent: Mr G R Donaldson SC & Ms J Shaw
Solicitors:
Appellant: Fletcher Law
Respondent: State Solicitor for Western Australia
CACV 17 of 2016
Counsel:
Appellant: Mr M McCusker QC & Mr S Penglis
First Respondent : Mr G R Donaldson SC & Ms J Shaw
Second Respondent : Mr G R Donaldson SC & Ms J Shaw
Third Respondent : Mr G R Donaldson SC & Ms J Shaw
Solicitors:
Appellant: Fletcher Law
First Respondent : State Solicitor for Western Australia
Second Respondent : State Solicitor for Western Australia
Keep reading for free
Create a free CaseChat account to read Eclipse Resources Pty Ltd v The Minister for Environment [No... and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] WASCA 90
- Decision Date
CaseChat Overview and Summary
The court was required to determine the meaning of the terms 'waste', 'waste accepted for burial', and 'waste disposed of to landfill' under the Environment Protection Act. It was also required to decide whether the levy imposed on waste disposed of to landfill constituted a duty of excise, and therefore was invalid under section 90 of the Constitution. The court needed to consider the nature of the levy and its impact on interstate trade and commerce, as well as the broader context of environmental regulation and waste management.
The court held that the levy imposed on waste disposed of to landfill was a duty of excise, and therefore invalid under section 90 of the Constitution. The court found that the levy was a tax on the removal of waste from the State, which was an incident of the sale of the waste. The court also held that the terms 'waste', 'waste accepted for burial', and 'waste disposed of to landfill' were not ambiguous, and that the levy was a valid exercise of the Commonwealth's taxation power. The court rejected Eclipse's argument that the levy constituted an invalid duty of excise, and held that the levy was a valid tax under section 51(ii) of the Constitution.
The court ordered that the levy imposed on waste disposed of to landfill was invalid, and that Eclipse was entitled to a refund of the levy paid. The court also held that the terms 'waste', 'waste accepted for burial', and 'waste disposed of to landfill' were not ambiguous, and that the levy was a valid exercise of the Commonwealth's taxation power. The decision has significant implications for the regulation of waste management and the imposition of taxes on waste disposal activities in Australia.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.