Waste Management Act 1996

11A

F40 [ Presumption in certain prosecutions.

11A. In a prosecution for an offence under section 32(6) or 39(9) relating to the recovery or disposal of waste on, in, over or under any land where it is proved that, by reason of

( a ) the nature of the particular recovery or disposal activity that was carried on,

( b ) the period of time over which it appears that activity was carried on,

( c ) the characteristics of the land and the degree of use or control it appears the owner of the land made of, or exercised in relation to, the land at the relevant time or times, or

( d ) any other relevant circumstances,

it is a reasonable inference that that recovery or disposal was carried on with the consent of the owner of the land then, it shall be presumed, until the contrary is shown, that that recovery or disposal was carried on with that owner s consent. ]

Annotations:

Amendments:

F40

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 23, S.I. No. 498 of 2003.