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)
*The due dates shown for documents on this page are indicative only.