Waste disposal and the meaning of "deposit"

A recent Crown Court decision offers some respite for waste regulation authorities (WRAs) alarmed by the implications of the legal ruling in the 1990 Leigh Land Reclamation case (ENDS Report 191, pp 37-8 ).

The key offence under Part I of the Control of Pollution Act 1974 relates to the "deposit" of waste on unlicensed sites or in breach of licence conditions, and in the Leigh case the Divisional Court of the High Court considered what the term "deposit" meant. To the dismay of WRAs, the Court held that waste is to be regarded as deposited for the purposes of the Act only when "it is dumped on the site with no realistic prospect of further examin

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