Regina v W and others – WLR Daily

Posted May 20th, 2010 in appeals, environmental protection, law reports, waste by sally

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


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