Eclipse Resources denied special leave to appeal

Perth waste management company, Eclipse Resources Pty Ltd has had its challenge against the State's landfill levy dismissed by the High Court of Australia.
  • Special leave to appeal the Western Australian Court of Appeal's judgement denied
  • State Government seeking millions in unpaid levy

Perth waste management company, Eclipse Resources Pty Ltd has had its challenge against the State's landfill levy dismissed by the High Court of Australia.

Environment Minister Stephen Dawson has welcomed the High Court's decision to dismiss the company's final avenue of appeal to avoid paying millions of dollars in landfill levy.

The decision ends a long running battle between the State Government and Eclipse Resources which operated three inert landfill facilities in the Perth metropolitan area.

Eclipse Resources had not paid the landfill levy since 2008 on the grounds that its activities did not constitute disposal of waste to landfill.

In March 2016, Eclipse Resources was ordered by the Supreme Court of Western Australia to pay more than $20 million in outstanding levy and penalties. The company lost a subsequent appeal to the Court of Appeal in May 2017.

Comments attributed to Environment Minister Stephen Dawson:

"This is a significant win for the State Government and most importantly, for the environment.

"The landfill levy acts as an incentive to reduce waste disposed of to landfills and encourage the recycling of waste.

"It also generates funds for a wide range of environmental projects which benefit the community including educational programs and initiatives such as the greatly anticipated container deposit scheme.

"The State will continue to pursue Eclipse to recover the unpaid landfill levy plus penalties for non-payment."

Minister's office - 6552 5800