Cleanaway Loses Victorian Court Case Over Landfill Levy Classification

By John Zadeh -

Victorian Supreme Court rules against Cleanaway in landfill levy dispute

Cleanaway Waste Management has received an adverse ruling from the Victorian Supreme Court regarding alleged historical underpayment of landfill levies at its Melbourne Regional Landfill facility. The court ruled in favour of the Environment Protection Authority (EPA) in proceedings concerning the FY18 period, finding that materials purchased from an adjacent Boral quarry for landfill operations constitute “waste” subject to landfill levies. The company has 42 days to decide whether to appeal the decision.

The core dispute centred on whether quarry materials purchased by Cleanaway from Boral for use in landfill operations should be classified as “waste” attracting state government landfill levies. Cleanaway defended the proceedings on the basis that the product type purchased from Boral is not waste to which landfill levies should apply. The Supreme Court disagreed with this interpretation.

The alleged underpayment for FY18 amounts to $6.9 million. This ruling establishes a legal precedent on how “waste” is defined for levy purposes, with potential flow-on implications for similar operational arrangements at landfill facilities.

What is the landfill levy and why does it matter?

Landfill levies are state government charges applied per tonne of waste deposited at landfill sites. The levies are designed to discourage landfilling and encourage recycling and resource recovery, with Victoria operating among the highest landfill levy regimes in Australia.

The legal question centred on whether quarry materials used in landfill operations qualify as “waste” under the levy framework. The court has now ruled that such materials do attract the levy, despite Cleanaway’s position that they should be treated as operational inputs rather than waste.

This classification carries significant financial weight for landfill operators. The distinction between materials classified as waste versus operational inputs directly determines the quantum of levies payable to state authorities.

Additional audit periods under EPA review

Beyond the FY18 period subject to today’s Supreme Court ruling, the EPA has conducted audits for FY19 and FY22 indicating further alleged underpayments relating to similar products. These amounts were not part of today’s Supreme Court proceedings.

The additional alleged underpayments are:

  • FY19: $4.7 million
  • FY22: $7.2 million
  • Combined exposure across all three periods: $18.8 million (before costs and interest)

All figures are stated before costs and interest. The FY18 ruling may influence how these additional periods are ultimately resolved, given the precedent established regarding the classification of quarry materials as waste.

Potential total financial exposure

The combined alleged underpayment across the three audit periods totals $18.8 million before costs and interest, meaning actual exposure could be higher once these additional amounts are factored in. These relate specifically to Melbourne Regional Landfill operations.

The FY19 and FY22 amounts remain subject to separate processes and have not been determined by the court. Investors should monitor how Cleanaway addresses these additional periods in light of the FY18 ruling.

Cleanaway reviewing appeal options

Cleanaway is reviewing the Supreme Court decision and has 42 days from the ruling date to lodge an appeal. Further detail regarding these proceedings is set out in Note 33 of Cleanaway’s FY25 Financial Report.

The announcement was authorised by the Chairman.

The appeal decision will determine whether this ruling becomes final or faces further legal challenge. Investors should watch for updates within the 42-day window regarding the company’s decision on whether to escalate the matter to a higher court.

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Frequently Asked Questions

What is the Victorian landfill levy and how does it apply to Cleanaway?

The Victorian landfill levy is a state government charge applied per tonne of waste deposited at landfill sites, designed to discourage landfilling and encourage recycling. The Supreme Court has ruled that quarry materials purchased by Cleanaway from Boral for use at its Melbourne Regional Landfill qualify as "waste" subject to this levy, resulting in alleged underpayments across multiple financial years.

How much does Cleanaway owe in the landfill levy court decision?

Cleanaway faces alleged underpayments totalling $18.8 million across three audit periods — $6.9 million for FY18 (the subject of the Supreme Court ruling), $4.7 million for FY19, and $7.2 million for FY22 — all stated before additional costs and interest.

Can Cleanaway appeal the Victorian Supreme Court landfill levy ruling?

Yes, Cleanaway has 42 days from the ruling date to decide whether to lodge an appeal against the Supreme Court decision, meaning the FY18 outcome is not yet final and could face further legal challenge.

What happens to the FY19 and FY22 EPA audit amounts following the court ruling?

The FY19 ($4.7 million) and FY22 ($7.2 million) alleged underpayments were not part of the Supreme Court proceedings and remain subject to separate processes, though the FY18 ruling may influence how those periods are ultimately resolved given the precedent it sets.

Where can investors find more detail on Cleanaway's landfill levy legal proceedings?

Further detail on these proceedings is set out in Note 33 of Cleanaway's FY25 Financial Report, which the company has referenced in its ASX announcement regarding the Supreme Court ruling.

John Zadeh
By John Zadeh
Founder & CEO
John Zadeh is a investor and media entrepreneur with over a decade in financial markets. As Founder and CEO of StockWire X and Discovery Alert, Australia's largest mining news site, he's built an independent financial publishing group serving investors across the globe.
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