Offences of false statements or entries: EPA 1990 s. 44
Criminal offence for knowingly or recklessly making false statements or entries related to waste licences or information under EPA 1990 Part II.
A person who— in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part, or will need corrections for the purpose of obtaining for himself or another any grant of a licence, any modification of the conditions of a licence, any acceptance of the surrender of a licence or any transfer of a licence, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence. A person who intentionally makes a false entry in any record required to be kept by virtue of a licence commits an offence. A person who commits an offence under this section shall be liable— on summary conviction, to a fine not exceeding the statutory maximum; on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section creates a criminal offence for anyone who knowingly or recklessly makes a false or misleading statement, or intentionally makes a false entry in a record, in connection with waste management under Part II of the Environmental Protection Act 1990. The statement must be made either when complying with a requirement to provide information under that Part, or when applying for a licence (or a variation, surrender, or transfer of a licence). The offence covers both statements made in writing and orally, and includes false entries in any record that a licence requires to be kept.
A person convicted of this offence faces a fine on summary conviction (up to the statutory maximum) or, on indictment, an unlimited fine or up to two years' imprisonment, or both.
When it applies
- An applicant for a waste management licence knowingly overstates the amount of waste they will treat to meet a capacity threshold.
- A licence holder recklessly records incorrect quantities in a waste transfer note to avoid paying disposal fees.
- An operator intentionally alters a record of waste inspections to hide a breach of licence conditions.
- A person applying for a transfer of a licence falsely claims they have the necessary financial resources.
What this section does not say
- It does not cover honest mistakes or accidental errors without knowledge or recklessness.
- It does not apply to false statements made outside the context of Part II of the EPA 1990, such as in other environmental regulations.
- It does not set out the procedure for appealing a licence decision (that is covered by s.43).
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This page reproduces the text of EPA 1990 s. 44 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.