Recycled Materials Supplies Ltd, R v

Recycled Materials Supplies Ltd, R v

The activities at Sunshine Wharf were not Part B activities but constituted a waste operation regulated by the Environment Agency. The Local Authority (LBN) had no jurisdiction to issue its Environmental Permit or impose conditions for these activities. The machinery was not being used for a discrete Part B activity, and there was no lawful scope for joint regulation. The appeal is allowed and the convictions are quashed.

Parties
Respondent: R; Appellant: Recycled Materials Supplies Ltd
Jurisdiction
England and Wales
Judgment Date
24 February 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Appeal allowed; convictions quashed.
Legal Topics
Environmental Permitting, Jurisdiction of Regulatory Authorities, Waste Operations, Mobile Plant Regulation
Environmental Law Criminal Law Environmental Permitting Jurisdiction of Regulatory Authorities Waste Operations Mobile Plant Regulation

Case Brief

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Parties

R

Respondent

Recycled Materials Supplies Ltd

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether the Local Authority (LBN) had jurisdiction to issue an Environmental Permit for activities at Sunshine Wharf
  2. 2 Whether there can be joint regulation of the same activity by the Environment Agency and the Local Authority
  3. 3 Whether the activities at Sunshine Wharf constituted Part B activities under the Environmental Permitting Regulations

Ratio Decidendi

The activities at Sunshine Wharf were not Part B activities but constituted a waste operation regulated by the Environment Agency. The Local Authority (LBN) had no jurisdiction to issue its Environmental Permit or impose conditions for these activities. The machinery was not being used for a discrete Part B activity, and there was no lawful scope for joint regulation. The appeal is allowed and the convictions are quashed.

Court Disposition

Appeal allowed; convictions quashed.

Orders

  • Convictions on both counts are quashed.