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Waste management licence was personal and non transferable
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Court of Appeal dismisses appeal from High Court, and affirms case stated ruling concerning whether a waste licence granted to a particular operator under the terms of applicable legislation is personal to that operator and non transferable, on the grounds that any other conclusion would undermine the entire objectives and scheme of the legislation.
Administrative law – waste management licensing – whether a waste licence granted to a particular operator under the terms of the Waste Management Acts 1996 to 2008 is personal to that operator – case stated appeal – s. 2 of the Summary Jurisdiction Act 1857 (as extended by s. 51 of the Courts (Supplemental Provisions) Act 1961) – recovery of waste at a facility other than in accordance with a waste licence granted – whether a conviction constitutes a recognition that the activities being carried out on the site were being carried out under the licence – Article 12 of the Waste Management (Licensing) Regulations 2004 – situation where the operator of the facility may be different to the applicant for a licence – whether licences under s. 39 of the 1996 Act are personal to the holder – licence is personal to the holder and is not transferable – appeal dismissed.
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