Operator liability for waste disposal offences

In the vast majority of cases, the operator of a waste disposal site and the holder of a waste management licence under Part II of the Environmental Protection Act 1990 will be one and the same person. But with complex corporate structures this is not always the situation. A recent decision of the Divisional Court held that a waste regulation authority took criminal proceedings against the wrong party by proceeding against a licence holder rather than the operator.

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