Search Results for: Environmental Protection Act 1990 33(1)

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Environment Agency v Armstrong Environmental Services Ltd: Admn 22 Mar 2005

Judges: Rose LJ, Holland J Citations: [2005] EWHC 633 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 33(1)(a) Jurisdiction: England and Wales Cited by: Cited – Skipaway Ltd v The Environment Agency Admn 5-May-2006 The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of … Continue reading Environment Agency v Armstrong Environmental Services Ltd: Admn 22 Mar 2005

Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002

The defendant company did not accept that it had accepted special waste at its disposal plant. Instead they claimed to have the appropriate licence or exemption. Held: The burden of establishing acceptance of special waste was not on the defendant ,on a balance of probabilities, but lay on the prosecution. In effect he was claiming … Continue reading Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002

Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Environment Agency v Stanford: Admn 30 Jun 1998

The prosecutor appealed against the decision of magistrates to stay a prosecution as an abuse. Held: The decision of a prosecutor to prosecute remains his alone. Where no clear representations had been made that if certain works were carried out a prosecution would not follow, and the works were not carried out, the prosecution was … Continue reading Environment Agency v Stanford: Admn 30 Jun 1998

Regina v O’Brien; Regina v Enkel: CACD 19 Apr 2000

A sentence of imprisonment was unnecessarily severe for a first offence of dumping tyres. The case did not involve any hazardous substances, and the offences were at the lower end of the scale, despite the results being unsightly, the risk (at worst) of rats and fire, the absence of any long term effect, the absence … Continue reading Regina v O’Brien; Regina v Enkel: CACD 19 Apr 2000

Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council: Admn 8 Mar 2004

An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an ‘escape’ within the meaning of section 34(1)(b). Held: The company’s appeal succeeded. The issue … Continue reading Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council: Admn 8 Mar 2004

Shanks and Mcewan (Southern Waste Services) Ltd v Environment Agency: Admn 14 Oct 1997

Mance J explained the need to construe the statute so as to identify the rule of attribution appropriate to the relevant statutory offence: ‘The rule of attribution appropriate to a particular situation (e.g., the nature and level of conduct or knowledge which will be regarded as satisfying a requirement in a statute that a company … Continue reading Shanks and Mcewan (Southern Waste Services) Ltd v Environment Agency: Admn 14 Oct 1997

Evan Jones and Another, Regina v: CACD 2011

Surplus soil and subsoil from a pipeline excavation was hauled by the appellants to other land where it was tipped. The hauliers were convicted of depositing controlled waste contrary to section 33(1) of the 1990 Act. The complaint was that the judge had misdirected the jury by saying: ‘In law, an intention to pass on … Continue reading Evan Jones and Another, Regina v: CACD 2011

Regina v Epping Forest District Council, ex parte Philcox (2): Admn 13 Apr 2000

Application for judicial review of the respondent’s decision to grant a certificate of lawful established use. The applicant submits that the respondent acted unlawfully because the person who made the successful application had been committing criminal offences under section 33(1)(a), (b) and (c) of the Environmental Protection Act 1990. Judges: Hooper J Citations: [2000] EWHC … Continue reading Regina v Epping Forest District Council, ex parte Philcox (2): Admn 13 Apr 2000

W, C and C, Regina v: CACD 11 May 2010

The prosecutor appealed against a finding of no case to answer. The defendants were accused in relation to the deposit on farm land of soil and sub-soil excavated during construction works on other land. The defendants included the works manager and the farm owners. The prosecutor said the materials were controlled waste requiring a license … Continue reading W, C and C, Regina v: CACD 11 May 2010