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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.

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.

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