Waste disposal and the meaning of "waste"

The waste disposal licensing provisions of the Control of Pollution Act 1974 cover "controlled waste" only. Difficulties in deciding what is or is not "waste" within the meaning of the Act have proved a fruitful source of litigation, and the divisional Court has recently had to face the question yet again. The judgement in Kent County Council v Queenborough Rolling Mill Co Ltd (Divisional Court, 24 January 1990) helps to clarify the legal approach, and underlines the trend of the higher courts to give the controls a generous application.

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