UK: Knowingly Permit Breach Of Environmental Permit – Landowners Criminal Liability

The Court of Appeal have ruled that a landowner can be held criminally liable for a breach of the environmental permitting regulations carried out on their land by a third party where they have knowledge of the regulated act taking place.

The Court of Appeal has recently handed down its judgement in Walker & Sons (Hauliers) Limited v Environment Agency [2014] EWCA Crim 100. The case examined the offense of "knowingly permitting" a waste operation that did not have the benefit of an environmental permit.

The defendant, Walker and Son (Hauliers) Ltd instructed a contractor to demolish old buildings on land belonging to them. Following complaints from local residents, concerning fires and acrid fumes being emitted from the site, it was discovered that the contractor was using the site as a waste transfer station and to crush and burn waste. The contractor did not have the benefit of an environmental permit for these waste operations.

Neither the defendant nor its employees were found to have any direct involvement with the illegal waste operation. However, the Director of the defendant company was aware of the activities on site but believed them to be in keeping with the demolition work.

The contractor company was prosecuted and convicted of the waste offense. The defendant company was prosecuted for having "knowingly permitted" the illegal waste operation on their land.

The Court of Appeal held that the Director's knowledge of the activities taking place on the site was sufficient to constitute the offense. The prosecution were not required to show knowledge of the conditions of a permit or of the need for a permit. The former are a matter of public record held on publically accessible records and the latter is a fundamental principle of the criminal law.

"On the facts of this case, Mr Walker knew of some burning at the site, albeit he nothing of the substantial importation of wastes by others. The law required that he ensure that what was happening was compliant with the conditions of an environmental permit. It would be no defence to say that he had been told lies."

Given the breadth and technical complexity of the Environmental Permitting Regulations which, among other things, regulate a broad range of industrial and waste operations; landowners who permit regulated activities on their land should take care to ensure that the regulated activities are carried out with, and in accordance with, an environmental permit.