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 the licence, and so the provisions of the 1980 Act did not transfer the burden of proof.
Judges:
Auld, Gage, LLJ
Citations:
Times 04-Mar-2002
Statutes:
Environmental Protection Act 1990 33(1)(a), Magistrates Courts Act 1980 101
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 the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by . .
Lists of cited by and citing cases may be incomplete.
Environment, Evidence
Updated: 28 April 2022; Ref: scu.167719