- ‘Exempt facility’—when an exemption ceases to be effective (Environment Agency v Mustafa and another)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details:
Corporate Crime analysis: A waste operation can only be an ‘exempt waste operation’ and thus an ‘exempt facility’ if it meets all the requirements of paragraph 3(1) of Schedule 2 to the Environmental Permitting (England and Wales) Regulations 2010, SI 2010/675. An entry for the facility on the register does not, on its own, signify that it remains an ‘exempt facility’. The consequence of a breach of any of the three requirements of the exemption is that the operation is no longer an ‘exempt waste operation’ and can only be a ‘regulated facility’ for which an environmental permit is required notwithstanding its presence on the register. Written by Malcolm Galloway, barrister, at Crown Office Chambers.
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