Unauthorised or harmful deposit, treatment or disposal of waste
Unauthorised or harmful deposit, treatment or disposal of waste

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Unauthorised or harmful deposit, treatment or disposal of waste
  • Scope of the offence under EPA 1990, s 33
  • The offence(s)
  • Householder’s liability
  • Exclusions
  • History of EPA 1990, s 33
  • Interpretation of EPA 1990, s 33 offence
  • Meaning of waste
  • Controlled waste
  • Extractive waste
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

This Practice Note covers the prohibition on the unauthorised or harmful deposit, treatment or disposal of waste under section 33 of the Environmental Protection Act 1990 (EPA 1990) in England and Wales only.

EPA 1990, s 33 is one of the most prosecuted environmental offences ranging from small-scale fly-tipping to large scale waste disposal without a permit. It imposes strict liability in respect of the ‘deposit’ of controlled waste, but requires knowledge in respect of ‘knowingly causing or knowingly permitting’ controlled waste to be deposited.

The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 also contain offences for not holding an environmental permit, breaching permit conditions or failing to comply with an enforcement notice, see: Environmental permits and exemptions—overview and Practice Note: Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations.

Scope of the offence under EPA 1990,

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