Environment Protection Authority (Prosecutor); Foxman Environmental Development Services (Defendant); Botany Building Recyclers Pty Ltd (Defendant); Phillip Foxman (Defendant)

The Environment Protection Authority brought a case against Foxman Environmental Development Services, Botany Building Recyclers Pty Ltd, and Phillip Foxman. The defendants were accused of contravening the Environment Protection Act 2017 (Vic) by operating an illegal waste management facility in Melbourne. The Supreme Court of Victoria heard the matter.

The court had to determine whether the defendants' operations constituted an illegal waste management facility under the Act. The defendants argued that their operations were authorised under a waste recovery permit. The court considered the definitions of 'waste management facility' and 'waste recovery' and whether the defendants' activities fell within those definitions.

The court found that the defendants' operations did indeed constitute an illegal waste management facility. The defendants' activities involved the collection, storage, and processing of waste, which fell squarely within the definition of 'waste management facility'. Additionally, the defendants did not hold the required permit for such activities. The court emphasised the importance of adhering to environmental regulations and the need to prevent illegal waste management practices.

The court made a final order under the Environment Protection Act 2017 (Vic) that the defendants cease their illegal waste management activities immediately. The defendants were also ordered to pay fines and costs associated with the case. This decision highlighted the importance of compliance with environmental regulations and the consequences of operating illegal waste management facilities.