Express Ltd T/A Express Dairies Distribution v Environment Agency
Express Ltd T/A Express Dairies Distribution v Environment Agency
- 2005
- Weekly Law Reports [2005] 1 WLR 223-235(13) .
[2004] EWHC 1710 (Admin), 15 July 2004. Asks when a landowner needs to carry out a pollution risk assessment for others' activities on it's land. EX had permitted a customer to take delivery of cream from an outside supplier without assessing the risks introduced by the customer's loading and unloading operations or insisting that they were carried out in a particular way. The customer caused cream during transfer to escape into a brook discolouring the water. The customer was convicted of polluting controlled waters contrary to the Water Resources Act 1991 s85(1), whereas EX was convicted for causing pollution due to its default contrary to s217(3). EX appealed. "Held": the customer's offence under s85(1) of the was due to EX's default; a landowner, who permits an operation on his land giving rise to a risk of pollution, is obliged to carry out a risk assessment and to respond to what that assessment reveals; under s85(1) polluting matter does not have to be either poisonous or noxious but only stained or tainted. Appeal dismissed
EXPRESS LTD V ENVIRONMENT AGENCY
WATER RESOURCES ACT 1991 S85(1)
[2004] EWHC 1710 (Admin), 15 July 2004. Asks when a landowner needs to carry out a pollution risk assessment for others' activities on it's land. EX had permitted a customer to take delivery of cream from an outside supplier without assessing the risks introduced by the customer's loading and unloading operations or insisting that they were carried out in a particular way. The customer caused cream during transfer to escape into a brook discolouring the water. The customer was convicted of polluting controlled waters contrary to the Water Resources Act 1991 s85(1), whereas EX was convicted for causing pollution due to its default contrary to s217(3). EX appealed. "Held": the customer's offence under s85(1) of the was due to EX's default; a landowner, who permits an operation on his land giving rise to a risk of pollution, is obliged to carry out a risk assessment and to respond to what that assessment reveals; under s85(1) polluting matter does not have to be either poisonous or noxious but only stained or tainted. Appeal dismissed
EXPRESS LTD V ENVIRONMENT AGENCY
WATER RESOURCES ACT 1991 S85(1)