R (Thames Water Utilities Ltd) v Bromley Magistrates' Court (Case C-252/05)

JurisdictionEngland & Wales
Judgment Date28 July 2008
Neutral Citation[2008] EWHC 1763 (Admin),[2005] EWHC 1231 (Admin)
Date28 July 2008
CourtQueen's Bench Division (Administrative Court)

Queen's Bench Divisional Court

Before Lord Justice Carnwarth and Mr Justice Bean.

Regina (Thames Water Utilities Ltd)
and
Bromley Magistrates Court, Environment Agency, interested party
Escaped sewage is controlled waste

Sewage escaping from pipes maintained by a statutory undertaker was controlled waste within the meaning of section 33 of the Environmental Protection Act 1990.

The Queen's Bench Divisional Court so held when determining a preliminary issue raised by the claimant, Thames Water Utilities Ltd, following the decision of District Judge Carr at Bromley Magistrates Court on September 16, 2004, that he had no jurisdiction to determine the issue of whether, as a matter of law, sewage escaping from pipes maintained by a statutory undertaker was controlled waste within the meaning of section 33 of the Environmental Protection Act 1990.

Thames Water sought judicial review of that decision, and on May 18, 2005, the Divisional Court held that the district judge had no jurisdiction to determine the issue, and made a reference to the Court of Justice of the European Communities.

The European Court's decisionTLRWLR (The Times May 25, 2007; (2007) 1 WLR 1945) made it clear that escaping waste-water was in principle "waste" within article 1 of Council Directive 75/442/EEC of July 15, 1975 on waste (OJ July 25, 1975 L194/47), as amended by Council Directive 91/156/EEC of March 18, 1991 (OJ March 26, 1991 L78/32), and Council Directive 91/271/EEC of May 21, 1991 concerning urban waste water treatment (OJ May 30, 1991 L135/40), but left open the issue whether it was covered by other domestic legislation so as to be excluded under article 2 of Directive 75/442. That was the remaining issue falling to the court for determination.

Mr Robert McCracken, QC and Mr Gregory Jones for Thames Water; Mr David Hart, QC and Mr Mark Harris for the Environment Agency, interested party; Mr Mark Beard for the Water Services Regulation Authority, intervening; Bromley Magistrates did not appear.

LORD JUSTICE CARNWARTH said that for waste to be so covered, the domestic legislation must have contained precise provisions organising the management of the waste in question, and must have ensured a level of protection of the environment equivalent to that guaranteed by Directive 75/442.

Article 2(1)(b) of...

To continue reading

Request your trial
1 cases

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT