WASTE regulator DOMINIC McNABB
Dominic is an experienced solicitor in private practice with MJP solicitors. He has more than 20 years of experience defending both individuals and companies, in both criminal and regulatory legal-related matters.
07733 264226 |
dominic.mcnabb@
mjpsolicitors.co.uk LAW
The war on waste crime
THERE is now a clear action policy being adopted by the Environment Agency (EA) and HMRC who are working in concert to penalise waste crime.
This follows hot on the heels of the EA and HMRC releasing a joint statement in May announcing that there would be follow-up visits to the 60 suspected illegal waste sites in the South East of England. Putting two and two together, it would be interesting to know whether these follow-ups will be an opportunity for them to put their new action policy into practice, or whether they will simply be conducted in a spirit of advice and guidance.
I have written earlier articles on the joint policy being adopted by the Environment Agency and HMRC liaising but have yet to see how this will affect businesses.
However, both agencies using their powers to penalise waste crime and the prospect of a joint intervention is a real likelihood that all relevant businesses should be fully aware of.
As operators will know by now, the “deemed disposal” provisions for Landfill Tax can be up to 100% of the tax due in addition to the clean-up costs. That is whether a prosecution is considered or otherwise and the need to have a robust system and the ability to react swiftly when this occurs is something the industry needs to factor in.
So the businesses which have been found to have committed criminal and illegal activities may now end up with a prosecution and a visit from HMRC, who have stated that: “Any person or business that disposes of material at an unauthorised waste site, or knowingly causes or permits the disposal, may be jointly and severally liable for Landfill Tax”.
The prospect of a legitimate business being caught up in the chain of events is far more likely these days as powers are extended and the financial repercussions are factored into the decision making by the regulator.
The whole process of the follow-up visits will certainly entail a lot of evidence gathering and generate a lot of notices to have waste removed. One of the concerns for businesses will be how to tackle this type of enquiry and the repercussions as a result.
Whilst legitimate businesses would welcome attempts to target waste criminals, there is also a concern that this type of visit is motivated by specific reports of illegal activity (by members of the community) or something more. It is apparent that considerable investment has been put into creating a laser map of England specifically to spot any sudden landscape changes that could indicate illegal dumping, and thereby to help fight waste crime. However, the announcement in May appears to indicate a deliberate targeting of sites and who knows if this will become a standard method of enforcement?
However this may work out, one of the things to keep in mind is that, should you find yourself caught up in these proceedings, a fast response and prompt, robust legal advice are of the utmost importance.
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