If you are an operator in the waste or construction industry, the case of RMS v London Borough of Newham is must-read.
It is a cautionary tale about the complexities of environmental regulation and the potential pitfalls of being caught between two regulators, the Environment Agency (EA) and your local authority.
In this case, RMS, a company specialising in crushing and recovering construction waste, found itself regulated by both the EA and the London Borough of Newham (LBN).
The EA issued an expansive permit covering the waste operations at RMS’s Sunshine Wharf site, while LBN issued a narrower permit for mobile plant activities.
The problem? RMS was prosecuted by LBN for breaching conditions of its permit, but the Court of Appeal ultimately ruled that LBN had no jurisdiction over the activities at Sunshine Wharf.
The site’s operations were too broad and complex to fall under LBN’s remit, which is limited to regulating Part B activities (like crushing bricks and tiles) and mobile plant used for such activities.
So, what is the takeaway for operators?
Understand Your Permits
If you are operating under multiple permits, make sure you know exactly what each one covers.
The RMS case highlights how overlapping permits can lead to confusion, and even prosecution.
Know your regulators
The EA typically handles large-scale waste operations, while local authorities focus on smaller, less complex activities.
If your operations straddle these boundaries, you need to be crystal clear about who regulates what.
Challenge missteps early
If you believe a regulator has overstepped its jurisdiction, don’t wait for a criminal trial to sort it out. Judicial review or statutory appeals are often the better route to resolve disputes.
Avoid Dual Regulation
Dual regulation is messy and inefficient.
If you find yourself in a situation where two regulators are overseeing the same activity, seek legal advice to clarify responsibilities and avoid unnecessary headaches.
This case is a reminder that environmental regulation requires an understanding of the legal framework that governs your operations.
For RMS, the court’s decision to overturn its conviction was a win, but the ordeal underscores the importance of getting it right from the start.
If you’re an operator juggling multiple permits, take the time to review your setup and ensure you’re on solid ground. It could save you a lot of trouble down the line.
If you are unsure about your regulatory position or need advice on managing overlapping permits, contact John Dyne today.