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Waste (see also: European Union, Planning) - Re Mineral Resources Limited; Environment Agency v Stout (30 April 1998) High Court, Chancery Division

United Kingdom
15/07/1998
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A company holding a valid waste management licence ceased trading in 1997 and the liquidator gave notice to disclaim the licence. The Environment Agency applied to the Court to obtain a declaration that the liquidator could not disclaim the licence. The Court granted the declaration. The Court found that for the purposes of the Insolvency Act 1986 the waste management licence constituted property. Property can be disclaimed under the Insolvency Act 1986 and thus there was a conflict with Section 35 of the Environmental Protection Act 1990 which prevents waste management licences from being disclaimed. The Court held that Section 35 of the Environmental Protection Act 1990 should prevail due to the application of the general rules of statutory construction and in the public interest of protection of the environment. ([1998] PLSCS 144)

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