Avoided waste costs are proceeds of crime

摘要

A recent ruling which found that the avoided cost of removing illegally stored waste can be subject to proceeds of crime laws has implications for landowners with tenants running a waste business. In Ryder and Green v Environment Agency ([2020] EWCA Crim 1110) the Court of Appeal considered an appeal against confiscation orders obtained by the Environment Agency (EA) against two men under the Proceeds of Crime Act 2002 (POCA). The EA argued they had gained a "pecuniary advantage" by avoiding the cost of removing waste stored on a site they owned and controlled.