Call us 0333 370 4333
08/07/19

Waste Management | Landowner and Director Fined for breaching Waste Exemption Licence

Share

A landowner and a director of a Plant Hire Company have both pleaded guilty to breaching a Waste Exemption Licence.

The Circumstances

  • A Waste Exemption Licence allows landowners to re-use
    up to 1,000 tonnes of soil and sub-soil for specific purposes.
  • The landowner was allowing his land to be used as a
    dumping ground for in excess of 23,000 tonnes of waste.
  • The director of the Plant Hire Company which
    transported the waste was also prosecuted.

The Relevant Environmental Law

Regulation 12(1) states:

a person must not, except under and to the extent authorised by an environmental permit…operate a regulated facility or cause or knowingly permit a water discharge activity or groundwater’.

The Hearing | Waste Management Regulations

  • Both pleaded guilty of breaching Regulations 12(1) and
    (38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016.
  • The landowner was fined and ordered to pay costs in
    excess of £2,490.
  • The haulage company was also fined and ordered to pay
    costs in excess of £3,000.

An EA spokesman said:

‘This was a sustained abuse of an exemption for financial gain. Importing more than 23 times the maximum amount of waste to this site changed the appearance of the landscape’

How Can We Help?

Kangs Solicitors has a wealth of knowledge and experience in dealing with all matters of waste management.

Our specialist team is able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the Environment Agency through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.

Who Can I Contact For Help?

If you are facing prosecution or an interview under caution, please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

Commercial Disputes, Cryptocurrency, Environment Agency
The recent case of Howells v Newport City Council [2025] ECCH 22 highlights that waste collected by a local authority immediately comes under the ownership of that authority. Consequently, the authority bears no obligation to return any part of waste, whatever circumstances may subsequently arise. This harsh reality was recently encountered by James Howells who […]
27/02/25
Environment Agency, Regulatory
KANGS has successfully assisted a company director and his business against proceedings brought by the Environment Agency in relation to the Environmental Protection Act 1990 (‘the Act’). A company that acquired land from a waste management firm soon found itself facing a significant environmental clean-up. This unexpected challenge brought both financial and operational difficulties for […]
23/09/24
Environment Agency, Regulatory
A ‘Stop notice’ is one which may be issued with the intent of prohibiting the carrying out of illegal activities on land. The Regulatory Enforcement and Sanctions Act 2008 provides the civil powers and sanctions used by various regulatory bodies, including the Environment Agency, The Environmental Civil Sanctions (England) Order 2010 (‘the Order’). John Veale of Kangs Solicitors […]
17/02/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential. Please note do not accept legal aid instructions.
Old map of Birmingham