Shanks and McEwan (Teesside) Ltd v The Environment Agency
Shanks and McEwan (Teesside) Ltd v The Environment Agency
- 1997
- All England Law Reports (1997) 2 All ER 333-343(6) .
QBD 24 January 1997. The site supervisor of the appellant (S) company allowed the discharge of a load of controlled waste into a bund already containing waste material. No waste disposal form or advice note was completed, as required by S`s waste management licence, indicating the load`s location. Information was laid against S alleging that it had knowingly caused controlled waste to be deposited in breach of its licence contrary to s 33(1) of the Environmental Protection Act 1990. S contended that it could not be guilty of an offence since it had not known about the breach. The justices found that there had been a breach, since the site supervisor was acting within the scope of his authority. S appealed. The judgement was held, and the appeal dismissed.
BREACH
CONTROLLED WASTE
ENVIRONMENTAL PROTECTION ACT 1990 S33(1)
LICENCES
WASTE DISPOSAL
QBD 24 January 1997. The site supervisor of the appellant (S) company allowed the discharge of a load of controlled waste into a bund already containing waste material. No waste disposal form or advice note was completed, as required by S`s waste management licence, indicating the load`s location. Information was laid against S alleging that it had knowingly caused controlled waste to be deposited in breach of its licence contrary to s 33(1) of the Environmental Protection Act 1990. S contended that it could not be guilty of an offence since it had not known about the breach. The justices found that there had been a breach, since the site supervisor was acting within the scope of his authority. S appealed. The judgement was held, and the appeal dismissed.
BREACH
CONTROLLED WASTE
ENVIRONMENTAL PROTECTION ACT 1990 S33(1)
LICENCES
WASTE DISPOSAL