Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001

Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without a licence. The company had argued that no recovery process was involved, and therefore it was not waste within the definition. The Agency appealed.
Held: The appeal was allowed. The judgement of Carnwath in Mayer Parry appeared to be incorrect. Whether material was required to be controlled could not depend upon the manner in which a particular holder of it intended to store it. It must depend upon the nature of the material itself. The court declined to attempt to define ‘waste’, but confirmed that ‘recovery or disposal operations are not required before a substance can be ‘controlled waste’.’


Lord Woolf CJ, Douglas Brown, Astill JJ


Times 06-Jun-2001, [2001] EWCA Crim 1077




Criminal Justice Act 1972 36, Environmental Protection Act 1990 33 34(1)(a), Waste Management Licensing Regulations 1994, Council Directive 75/442/EEC


Per incuriamRegina v Environment Agency ex parte Dockgrange Limited and Mayer Parry Limited Admn 22-May-1997
The verb ‘discard’ in the Waste Framework Directive has a special and limited meaning which requires the materials to be subjected to a disposal or recovery operation.
Carnwath J said: ‘The general concept is now reasonably clear. The term . .
CitedCastle Cement v Environment Agency Admn 22-Mar-2001
The court was asked ‘whether the burning of Cemfuel, as a fuel in the Ribblesdale and Ketton Cement Works operated by the Applicant (Castle), amounts to the burning of ‘hazardous waste’, as the Environment Agency has concluded, or to the burning of . .
CitedEuro Tombesi, Santella etc ECJ 25-Jun-1997
ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93 . .
CitedInter-Environnement Wallonie v Region Wallonne ECJ 18-Dec-1997
ECJ Member States are required to refrain from taking any measures liable seriously to compromise the results prescribed by a Directive, even though the date for its implementation has not yet expired.
The . .
CitedArco Chemie Nederland v Minister van Volkshuisvesting, Ruimtelijke Ordening in Milieubeheer ECJ 15-Jun-2000
ECJ Environment – Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’.
Advocate General Alber said: ‘The concept of waste underlying Community law on waste is defined in article 1(a) of Directive . .
Lists of cited by and citing cases may be incomplete.

Environment, Licensing, Crime

Updated: 18 May 2022; Ref: scu.78014