‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’
Local Government Lawyer, 18th November 2015
Source: www.localgovernmentlawyer.co.uk
‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’
The Guardian, 5th April 2015
Source: www.guardian.co.uk
Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84
‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’
WLR Daily, 19th February 2015
Source: www.iclr.co.uk
‘Japanese Knotweed (Fallopia Japonica) was originally introduced to the UK in the 1850s as an ornamental plant and animal feed, but it has spread rapidly and estimates now suggest at least one infestation in every 10km2. Knotweed can grow 3 – 4m in a 10 week growing season, and as little as 0.7 grams of rhizome can produce a new plant within only 10 days. The rhizomes can spread to a depth of 3 metres, and 7 metres horizontally. This strong growth and invasive root system can damage concrete foundations, buildings, roads, paving and retaining walls. For good reason, therefore, Knotweed is described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.’
Hardwicke Chambers, 10th November 2014
Source: www.hardwicke.co.uk
‘The new guideline for environmental offences comes into force today. It covers a variety of offences related to the disposal of waste and rubbish, mostly covered by the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010.’
Environmental Offences: Definitive Guidelines (PDF)
Sentencing Council, 1st July 2014
‘Section 108(6) of the Environment Act 1995, when read together with Schedule 18 to that Act, only required seven days’ notice to have been given prior to the issue of a warrant for entry and inspection relating to residential premises where that warrant was to be issued under conditions (a) or (b) of paragraph 2(2) of the Schedule. There was no such notice requirement in relation to a warrant issued under conditions (c), (d) or (e).’
WLR Daily, 21st May 2014
Source: www.iclr.co.uk
‘A landowner can be said to have “knowingly permitted” waste activities as soon as it becomes aware that controlled waste has been deposited on its land, the Court of Appeal has held. ‘
OUT-LAW.com, 14th February 2014
Source: www.out-law.com
Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49
‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’
WLR Daily, 6th February 2014
Source: www.iclr.co.uk
‘Crown Prosecution Service claims there is “significant public interest” in prosecuting men arrested for taking discarded food.’
The Guardian, 28th January 2014
Source: www.guardian.co.uk
“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”
Local Government Lawyer, 8th October 2013
Source: www.localgovernmentlawyer.co.uk
“A new law targeting trade in stolen metal has come into force.”
BBC News, 1st October 2013
Source: www.bbc.co.uk
“The Information Commissioner’s Office should not have imposed a £250,000 fine on Scottish Borders Council for a data breach, the First-tier Tribunal (FTT) has ruled.”
Local Government Lawyer, 22nd August 2013
Source: www.localgovernmentlawyer.co.uk
“Three local authorities who were told in February that the Government was withdrawing previously-awarded financial support for waste management projects have launched legal challenges to the decision.”
OUT-LAW.com, 30th May 2013
Source: www.out-law.com
“A 55-year old man was arrested on the runway of Heathrow airport as he tried to flee the country to avoid paying back the proceeds of his illegal waste business.”
The Guardian, 23rd May 2013
Source: www.guardian.co.uk
“Companies responsible for the operation of the sewer networks in England and
Wales can be found criminally liable for unlicensed depositing of controlled
waste even where that deposit of waste is unintentional, the High Court has
ruled.”
OUT-LAW.com, 27th March 2013
Source: www.out-law.com
An unintended escape of sewage amounted to a “deposit” for the purpose of an offence under section 33(1)(a) of the Environmental Protection Act 1990.
WLR Daily, 20th March 2013
Source: www.iclr.co.uk
“New proposals for how environmental offenders like fly-tippers should be sentenced have been launched today by the Sentencing Council.”
Sentencing Council, 14th March 2013
“People responsible for repeatedly dumping waste should face larger fines, says the Sentencing Council for England and Wales.”
BBC News, 14th March 2013
Source: www.bbc.co.uk
“The Environment Agency was established under the Environment Act 1995 and plays a central role in ensuring that environmental laws are complied with. Presently, it is the principal environmental regulatory body in England and Wales, although this will change as from 1 April 2013, when the Natural Resources Body for Wales commences operating. Thereafter, that body will perform the functions previously performed by Environment Agency Wales, the Countryside Council for Wales and the Forestry Commission Wales.”
Halsbury’s Law exchange, 20th December 2012
Source: www.halsburyslawexchange.co.uk
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