Category: waste

Regina v Jones and another [2011] WLR (D) 270

“When a person deposited material on land the question whether the material constituted ‘waste’ for the purposes of section 33 of the Environmental Protection Act 1990 depended on that person’s conduct immediately prior to depositing the material and the landowner’s purpose in receiving it.”

WLR Daily, 27th August 2011

Source: www.iclr.co.uk

Regina v W and others [2010] EWCA Crim 927; [2010] WLR (D) 125

“Where a person was accused of permitting the deposit, disposing or keeping of controlled waste, contrary to s 33 of the Control of Pollution Act 1990, the question whether the material in question amounted to ‘waste’, and if so, ‘controlled waste’, was a question of fact for the jury, as was the question of whether material which was originally waste had been acceptably recovered or disposed of in accordance with the aims of Parliament and Council Directive 2006/12/EC and therefore no longer constituted waste. The recipient’s intention to re-use waste material did not alter its status as waste, although actual re-use, if in accordance with the aims of the Directive, could.”

WLR Daily, 18th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.