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High Court grants judgment to a local authority in the sum of €1.208 million in respect of a landfill levy arising from disposal of rubble on the defendant's farm, on the grounds that: (a) the landowner had not complied with the conditions in a waste disposal licence issued by the local authority, including a condition that he obtain the consent of the National Parks and Wildlife Service; (b) the landowner had received notices to cease the activity complained of; (c) the matter was not statute-barred as time did not begin to run until the service of the relevant notices; and (d) the landowner could not avail of the defences of delay, estoppel or acquiescence.
Claim for recovery of landfill levy - Waste Management Act 1996 - Art 9 of the Waste Management (Landfill Levy) Regulations 2002, S.I. No. 86 of 2002 - claim arising from activity on farm - matter commenced by summary summons but adjourned for plenary hearing - depositing of soil and stones on farm land - claim that activity was authorised by licence - licence obtained but not planning permission - not exempt activity - expert evidence - numerous notices to cease activity - statutory demand of levy payment - entry of licence on register of waste licences - whether entry on register amounted to acknowledgement that licence was valid and in force - whether claim statute-barred - date of accrual of cause of action - delay - estoppel or acquiescence.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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