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Criminal Law
Environmental Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

Why does the definition of waste matter to criminal law practitioners? Tim Green from St Phillips Chambers explains just why the definition of waste is so central to how the waste management industry is regulated by the Environment Agency. He provides a clear outline of what controlled waste is, the variety of offences relating to dealing with it without the requisite licence and sets out a helpful list of questions to consider when determining whether a substance is waste or not. This is essential listening for all practitioners advising on environmental crime and regulatory matters.

After completing the course you will:
  • Know the definition of controlled waste;
  • Have considered the offences dealing with controlled waste contained in the Environmental Protection Act 1990;
  • Understand the 'discard test' when determining whether a substance is waste or not;
  • Have considered the leading authorities dealing with waste management.
General Interest Difficulty: 2 of 5
Legal Principles
Legislative Updates
Sources and References:
  • Arco Chemie Nederland Ltd v Minister Van Volkshuisvesting [2003] Env LR 2;
  • Dept of the Environment and Heritage Service v Felix O’Hare & Co Ltd [2008] Env LR 28;
  • Environment Agency v Inglenorth Ltd [2009] EWHC 670;
  • Environment Agency v Thorn International UK Ltd [2008] EWHC 2595;
  • Environment Permitting Regulations 2010;
  • Environment Protection Act 1990;
  • R (oss Group Ltd) v Environment Agency [2007] EWCA Civ 611;
  • R v W [2010] EWCA Crim 927;
  • Waste Framework Directive 2006/12/EC.

In this podcast Tim Green from St Philips Chambers outlines the law relating to waste management together with a comprehensive overview of the leading authorities in this area of the law.

Date Recorded: 26 April 2013


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