Environment Agency v R Newcomb & Sons Ltd and another

Environment Agency v R Newcomb & Sons Ltd and another - 2002 - Estates Gazette [2002] 43 EG 205 (CS) (26/10/02); High Court (Administrative Court) [2002] EWHC 2095 (Admin) .

QBD, 16 October 2002. Appellant (E) brought criminal charges against respondents (R) under the Environmental Protection Act 1990 s33 for depositing controlled waste without a waste management licence. It was held that the amount of waste on each deposit was within the 5% tolerance suggested by E's letter to R, which drew attention to the Schedule 3 exemptions in the Waste Management Licensing Regulations 1994, and R was acquitted. E appealed. "Held": appeal allowed on the grounds that attention should have been paid to the contents of every skip rather than treating the exemption as applying to 95% of the total waste deposited.


ENVIRONMENT AGENCY V R NEWCOMB & SONS
ENVIRONMENTAL PROTECTION ACT 1990 S33
WASTE MANAGEMENT LICENSING REGULATIONS 1994
WASTE DISPOSAL
CONTROLLED WASTE