Waste: R v Collier (18 September 1998) Crown Court

United Kingdom

Kenneth Collier operated an illegal waste business for a number of years. During this time he had illegally deposited approximately 120,000 tonnes of waste on an unlicensed site. In proceedings bought by the Environment Agency, Mr Collier pleaded guilty to thirteen offences of illegally disposing of and burning waste contrary to Section 33(1)(a) and (b) of the Environmental Protection Act 1990. He was given a four month prison sentence, suspended for two years and fined £5,000. The court also ordered the forfeiture to the Environment Agency under Section 43 of the Police and Criminal Courts Act 1973 of Mr Collier's vehicle fleet, which had been used to conduct the illegal landfilling. Under this power of forfeiture, which in this case was used for the first time in relation to a waste offence, the Environment Agency has the power to sell the vehicles after six months and retain the proceeds. (ENDS Report 284, p48)