Criminal
R v Atlantic Recycling Ltd [2024] EWCA Crim 325, [2024] All ER (D) 59 (Apr)
The Court of Appeal, Criminal Division, refused the defendant company (Atlantic) leave to appeal against conviction. Natural Resources Wales (NRW) had granted Atlantic a permit to operate waste processing activities at Atlantic Eco Park in Cardiff. Atlantic had, subsequently, pleaded guilty to failing to comply with an environmental permit condition, contrary to reg 38(2) of the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154), following a recorder’s legal rulings on two issues: (i) whether, for a criminal breach of condition 3.7.1 of the permit to be established, it would have to be proved that: (a) the state of affairs at Atlantic’s site was inferior to the standard in NRW’s guidance; and (b) there was an increase in risk to the environment from fire; and (ii) whether, as Atlantic had contended, the material in question had not been ‘storage’ because it had still been undergoing recovery. The court held that: (i) the natural, obvious and ordinary meaning of condition 3.7.1 of the permit was that Atlantic’s
