The Agency sought to prosecute the respondent for causing the tipping of waste on an unlicensed site. The defendant argued that since he had not actually been driving at the time, he was not responsible. The magistrates dismissed the case, and the Agency appealed by way of case stated.
Held: The section did not require proof that the defendant himself had driven the vehicle. The magistrates could infer the necessary control by knowledge of the ownership of the vehicle by the defendant. Section 33(7) afforded the defendant an opportunity to rebut any such inference.
Judges:
Mr Justice Harrison
Citations:
Times 22-Apr-2002, Gazette 10-May-2002
Statutes:
Environmental Protection Act 1990 33(1)(a) 33(6) 33(7)
Jurisdiction:
England and Wales
Environment
Updated: 21 June 2022; Ref: scu.170066
