[2014] EWCA Crim 100

For a defendant to be guilty of "knowingly permitting" the operation of a regulated facility on his land without an environmental permit contrary to the Environmental Permitting (England and Wales) Regulations 2007 reg.38(1)(a) the prosecution only had to establish that he knew waste operations were taking place; that he had allowed, or failed to prevent, them; and that they were not being performed in accordance with an environmental permit. The words "knowingly permit" did not relate to the existence or scope of conditions attached to the permit and there was no defence based on the exercise of due diligence.

CA (Crim Div) (Lord Thomas LCJ, Simon J, Irwin J)

06/02/2014