Practice and Procedure

ENVIRONMENT AGENCY v M E FOLEY (CONTRACTORS) LTD & ANOR (2002)

PUBLISHED January 18, 2002
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[2002] EWHC 258 (Admin)

On an allegation of an offence contrary to s.33(1)(a) Environmental Protection Act 1990, the burden lay on the prosecution to prove not only that controlled waste of any type had been transported but also that the controlled waste was of a specific type, such as waste contaminated with more than 10 per cent calcium hydroxide.

QBD (Admin) (Auld LJ, Gage J)

18/01/2002

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