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.