000			01642cab a2200253 4500
001			ABS68340
008			041007n2004 000 0 eng u
035			_a(Sirsi) u127655
100			_aFogleman, V.
245			_aCircular Facilities (London) Ltd v Sevenoaks DC: the first ruling on an appeal against a remediation noticed under the contaminated land regime
260			_c2004
490			_aJournal of Planning and Environment Law _vOctober 2004, 1319-1329(11)
520			_aDiscusses the reasons behind and the outcome of the first prosecution under the Environmental Protection Act 1990 Part IIA involving a remediation notice. "Circular Facilities (London) Ltd v Sevenoaks DC" (Sevenoaks Magistrate Court, 15 June 2004) dismissed an appeal by C confirming a remediation notice served on C by S. The case is concerned with the interpretation of the knowingly permitted part of the term that establishes primary liability under Part IIA of the 1990 Act. In the absence of case law, the court referred to guidance set out in DETR Circular 02/2000. Draws several conclusions from this landmark case including the principle that it is sufficient that if a person knows about the presence of contaminates and fails to remove them, he/she is liable for prosecution.
590			_aABS
650			_aCIRCULAR FACILITIES (LONDON) LTD V SEVENOAKS DC
650			_aDETR CIRCULAR 02/2000
650			_aENVIRONMENTAL PROTECTION ACT 1990 PART IIA
650			_aREMEDIATION NOTICES
650			_aKNOWINGLY PERMITTED
650			_aLIABILITY
650			_aCONTAMINATED LAND
690			_aENVIRONMENT-CONTAMINATION-CASE LAW
942			_n0
999			_c74563 _d74563