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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 former Department of Environment Regulation withdrew its end-of-waste framework, including material guidelines and case-by-case application process in April 2016.

The Department of Water and Environmental Regulation is undertaking a review of Schedule 1 of the Environmental Protection Regulations 1987 to ensure consistency with the Eclipse decision.

 * The former Department of Environment Regulation amalgamated on 1 July 2017 with the Department of Water and the Office of the Environmental Protection Authority, forming the Department of Water and Environmental Regulation.