Source: All England Reporter
Publisher Citation: [2002] All ER (D) 226 (Oct)
Neutral Citation: [2002] EWHC 2095 (Admin)
Court: Administrative Court
Judge:

Newman J

Representation Charles Morgan (instructed by the Solicitor for the Environment Agency) for the appellant.
  Alec Burns (instructed by Swinburne Maddison, Durham) for the respondents.
Judgment Dates: 16 October 2002

Catchwords

Protection of environment - Waste - Controlled waste - Deposit contrary to statutory provisions - Relevance of volumetric proportion between deposit and mound at site - s 33 - Waste Management Licensing Regulations 1994, Sch 1, paras 13, 19.

The Case

Where each of the charges alleging contraventions of s33 of the was laid in connection with a specific deposit alleged to have taken place on a particular date and at a particular time, the conduct falling to be scrutinised in the criminal proceedings was the making of each and every deposit. Accordingly, the volumetric proportion between the deposit and the mounds at the site was completely irrelevant.

Practice Areas

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