Peter Cruickshank successfully prosecutes waste dumping case under Environmental Protection Act 1990

Mr John Beaney was prosecuted under s.33 of the Environmental Protection Act 1990 for depositing controlled waste, or knowingly causing or knowingly permitting controlled waste to be deposited on land in Billericay, Essex. The waste was household waste that had been collected in his truck, and then was later found dumped by the roadside on a quiet country road.

The trial issue was whether the truck was in fact owned by him at the time, because section 33(5) of the 1990 Act provides: “Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall… be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done”

At trial witnesses were called and the Defendant gave evidence. After trial the bench convicted Mr Beaney of the s.33 offence, although acquitted him of the second charge he faced, under s.34 of the 1990 Act, which concerned failing to take proper care to dispose of waste. The bench sentenced Mr Beaney to a fine, to the costs of cleaning up the dumped waste, and to a contribution towards prosecution costs.

Peter Cruickshank was instructed by Basildon Borough Council to prosecute the case.