Atlantic Recycling Limited v R

Atlantic Recycling Limited v R

Condition 3.7.1 requires the operator to manage and operate activities strictly in accordance with the written fire prevention plan using the current guidance; compliance with the plan is mandatory and not displaced by alternative measures or absence of increased risk. The condition applies to all activities under the permit, not limited to storage, and the prosecution need not prove increased risk or that the material was in storage.

Parties
Applicant: Atlantic Recycling Limited; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
24 November 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal refused
Legal Topics
Environmental Permitting, Interpretation of Permit Conditions, Fire Prevention Plans, Statutory Construction
Environmental Law Criminal Law Environmental Permitting Interpretation of Permit Conditions Fire Prevention Plans Statutory Construction

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Parties

Atlantic Recycling Limited

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether breach of a written fire prevention plan under Condition 3.7.1 requires proof of increased fire risk or inferiority to guidance standards
  2. 2 Whether the prosecution must prove the material was in storage as opposed to recovery for the offence to be made out

Ratio Decidendi

Condition 3.7.1 requires the operator to manage and operate activities strictly in accordance with the written fire prevention plan using the current guidance; compliance with the plan is mandatory and not displaced by alternative measures or absence of increased risk. The condition applies to all activities under the permit, not limited to storage, and the prosecution need not prove increased risk or that the material was in storage.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal against conviction refused