Waste offences and exemptions

摘要

In O 'Grady Plant and Haulage Ltd and Paul O 'Grady v Tower Hamlets LBC ([2011] EWCA Crim. 1339) the Court of Appeal (Criminal Division) considered the relationship between the primary waste offences in section 33 of the Environment Protection Act 1990 and waste exemptions under the Waste Management Licensing Act 1994. O'Grady was the tenant of a site, formerly a furniture factory, at 616 Wick Lane, London E3. In 2005, when the company acquired the site, it was on condition that, when it relinquished possession, the buildings which remained would be demolished and cleared. O'Grady used the site as his haulage depot for heavy open trucks and stored heavy earth moving machinery and a concrete crushing machine. Neighbouring residents complained to the environmental protection department of Tower Hamlets about dust and smoke created by the site and photographed the activities.