The Agency appealed by case stated against the Magistrates’ decision to acquit Thorn of keeping controlled waste contrary to section 33 of the 1990 Act. For that section ‘waste’ had the same meaning as that provided in Art 1(1)(a) of the WFD. The justices found that Wincanton retrieved unwanted electrical goods from retailers who received them from customers buying new goods. Wincanton sorted the items into those which were functioning or capable of repair and those which were not. Those in the first category were offered for sale. Thorn inspected items in the first category, made their selection and took them to their workshops for repair or refurbishment as necessary. They were then offered to the public for sale. Any item found to be beyond economical repair was disposed of to a licensed waste carrier. The justices found that no hazardous waste was stored at Thorn’s premises.
The Environment Agency argued that the justices could not properly have concluded that the items selected by Thorn were not waste. First, on the evidence they were undoubtedly waste when they were discarded by their owners on their purchase of new goods. Second, they remained waste until repaired or refurbished for resale.
Held: The court considered ARCO and OSS Moses LJ pointed out that the question at issue in those cases was whether something which was waste had ceased to be waste, and continued: ‘The question whether something has ceased to be waste is not determined by considering whether those subjecting it to the process of reclamation intends to discard it or not, because if that was the question, then undoubtedly it would cease to be waste at the moment when those subjecting it to such a process had the intention to reuse it. Rather, the question of whether something which is undoubtedly waste ceases to be waste is determined by whether the cycle of repair or restoration is complete. To that extent I agree with the submissions advanced on behalf of the Environment Agency . .’
Moses LJ, Blake J
[2009] Env LR 10, [2009] PTSR 906, [2009] JPL 597, [2008] EWHC 2595 (Admin)
Bailii
Environmental Protection Act 1990 33
England and Wales
Citing:
Cited – Inter-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 . .
Cited – OSS Group Ltd, Regina (on the Application of) v Environment Agency and others CA 28-Jun-2007
Once lubricating oil had been processed into fuel oil suitable for burning, it ceased to be waste so as to require it to be handled and stored as waste.
Held: Carnwath LJ discussed the meaning of the term ‘discards or intends . . to discard’. . .
Cited by:
Cited – Ezeemo and Others v Regina CACD 16-Oct-2012
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability.
Environment
Updated: 11 November 2021; Ref: scu.277538