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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex W answered my last question. The Council have moved the

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Alex W answered my last question. The Council have moved the goalposts after being told they were out of time. Now want to caution me for offences under S33.1c - 341a of the Env Protection Act, 1990.
Offences allegedly occured in Aug 2014. Are they out of time please?
Hello my name is ***** ***** I will help you with this.
Section 33 is:
33 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.E+W
(1)Subject to [F1subsections (1A), (1B), (2) and (3) below] and, in relation to Scotland, to section 54 below, a person shall not—
(a)deposit controlled waste [F2or extractive waste], or knowingly cause or knowingly permit controlled waste [F2or extractive waste] to be deposited in or on any land unless [F3an environmental permit] authorising the deposit is in force and the deposit is in accordance with the licence;
Section 34 is:
Duty of care etc. as respects waste.E+W
(1)Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances.
If you did this, technically they are in time. But if they have only ever said they would prosecute you under the different section and the caution was on that, then you could refuse a new caution under this section.
They could only then take it to Court and you would have an argument that it is an abuse of process and they are only doing this because they cant catch you under the old section.
Can I clarify anything for you about this today please?
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