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On 9 March 2016, Justice Beech handed down his decision in Eclipse Resources Pty Ltd v The State of Western Australia [No. 4] (2016) WASC 62.

The Department of Environment Regulation has suspended operation of its end-of-waste framework, including material guidelines and case-by-case application process, and is reviewing it to ensure that its policy is consistent with the Eclipse decision.

Submissions or applications received in relation to the end-of-waste framework will be considered on completion of the review.

The planned review of the material guidelines for clean fill and construction products currently underway is on hold until the Eclipse decision has been considered.

Past consultations, including submissions and consultation summary reports, are available below:

ConsultationStatus
Draft Environmental Standard: Assessing leachates from waste-derived materials Closed
Draft Guideline: Submitting an application for the use of waste-derived materials (case-by-case determination) Closed
Draft Manufactured Fill Addendum to the draft Guideline: Submitting an application for the use of waste-derived materials (case-by-case determination) Closed
Draft Material guideline: Clean Fill Closed
Draft Material guideline: Construction Products Closed
Draft Guidance statement: Regulating the use of waste-derived materials Closed