Environmental Protection Agency -v- Midland Scrap Metal Company Ltd [2015] IEHC 17 (16 January 2015)

Environmental Protection Agency -v- Midland Scrap Metal Company Ltd [2015] IEHC 17 (16 January 2015)

A waste licence issued under the Waste Management Acts 1996-2008 is personal to the licensee and cannot be relied upon by a third party as a defence to prosecution for unlicensed waste activities. The statutory scheme requires the licensee to be vetted as a fit and proper person, and only the licensee may lawfully carry out the licensed activities. The existence of a licence held by another does not authorise a non-licensee to operate the facility or conduct waste activities.

Citation
[2015] IEHC 17
Parties
Prosecutor/respondent: Environmental Protection Agency; Accused/appellant: Midland Scrap Metal Company Limited
Jurisdiction
Ireland
Judgment Date
16 January 2015
Procedural Posture
Appeal by Way of Case Stated / High Court Judgment on Appeal From District Court
Outcome
Appeal dismissed; District Court decision affirmed
Legal Topics
Waste Management Licensing, Personal Nature of Regulatory Licences, Criminal Liability for Unlicensed Waste Activities
Environmental Law Administrative Law Criminal Law Waste Management Licensing Personal Nature of Regulatory Licences Criminal Liability for Unlicensed Waste Activities

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Parties

Environmental Protection Agency

Prosecutor/respondent

Midland Scrap Metal Company Limited

Accused/appellant

Procedural Posture

Appeal by Way of Case Stated / High Court Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether a waste licence issued under the Waste Management Acts 1996-2008 is personal to the licensee and cannot be relied upon by a third party as a defence to prosecution for unlicensed waste activities

Ratio Decidendi

A waste licence issued under the Waste Management Acts 1996-2008 is personal to the licensee and cannot be relied upon by a third party as a defence to prosecution for unlicensed waste activities. The statutory scheme requires the licensee to be vetted as a fit and proper person, and only the licensee may lawfully carry out the licensed activities. The existence of a licence held by another does not authorise a non-licensee to operate the facility or conduct waste activities.

Court Disposition

Appeal dismissed; District Court decision affirmed

Orders

  • The High Court affirms the District Court's conviction of the appellant for operating a waste facility without a personal waste licence.
  • No amendment or restatement of the case stated is required.