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ResourceCo Material Solutions Pty Ltd & Anor v. State of Victoria & Anor

Case No. M32/2016
Case information

Catchwords

plaintiffs operate in national waste collection, recycling and disposal industry - contract to dispose of contaminated soil in Victoria by transporting to and disposing of in South Australia - 2nd plaintiff obtained approval from Environment Protection Authority South Australia for treatment of soil in South Australia - 1st plaintiff sought approval from Environment Protection Victoria for transport of waste from Victoria to South Australia - approval refused - EPA Vic not satisfied  waste would be deposited at facility in SA with better environmental performance standards than in Vic - whether reg 26 or 26(3)  Environment Protection (Industrial Waste Resource) Regulations 2009 (Vic) contrary to s92 Commonwealth Constitution and therefore invalid - whether refusal decision contrary to s92 Commonwealth Constitution and therefore invalid or ultra vires the Regulations

Documents

02/03/2016 Writ of summons

03/03/2016 Notice of constitutional matter (Plaintiffs)

25/05/2016 Hearing (Single Justice, Melbourne)

07/07/2016 Hearing (Single Justice, Melbourne)

22/07/2016 Hearing (Single Justice, Melbourne)

16/08/2016 Demurrer (Plaintiffs)

17/10/2016 Written submissions (Plaintiffs)

14/11/2016 Written submissions (First Defendant)

21/11/2016 Written submissions (Attorney-General of the Commonwealth of Australia intervening)

21/11/2016 Written submissions (Attorney-General of the State of Queensland intervening)

21/11/2016 Written submissions (Attorney-General for the State of Western Australia intervening)

21/11/2016 Written submissions (Attorney-General for the State of South Australia intervening)

22/11/2016 Written submissions (Attorney-General for the State of New South Wales intervening)

05/12/2016 Reply

01/02/2017 Hearing (Full Court, Canberra) - VACATED

09/10/2017 Notice of Discontinuance (Plaintiffs)