Appeals and Civil Liability: EPA 1990 s. 73
Section 73 governs non-criminal appeals to the Crown Court and civil liability for damage caused by illegally deposited waste under the EPA 1990.
An appeal against any decision of a magistrates’ court under this Part (other than a decision made in criminal proceedings) shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Crown Court by virtue of any other enactment. In Scotland an appeal against any decision of the sheriff under this Part (other than a decision made in criminal proceedings) shall lie to the Court of Session at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Court of Session by virtue of any other enactment. Where a person appeals to the Crown Court or the Court of Session against a decision of a magistrates’ court or the sheriff dismissing an appeal against any requirement imposed under this Part which was suspended pending determination of that appeal, the requirement shall again be suspended pending the determination of the appeal to the Crown Court or Court of Session. Where an appeal against a decision of any authority lies to a magistrates’ court or to the sheriff by virtue of any provision of this Part, it shall be the duty of the authority to include in any document by which it notifies the decision to the person concerned a statement indicating that such an appeal lies and specifying the time within which it must be brought. Where on an appeal to any court against or arising out of a decision of any authority under this Part the court varies or reverses the decision it shall be the duty of the authority to act in accordance with the court’s decision. Where any damage is caused by waste which has been deposited in or on land, any person who deposited it, or knowingly caused or knowingly permitted it to be deposited, in either case so as to commit an offence under section 33(1) or 63(2) above, is liable for the damage except where the damage— was due wholly to the fault of the person who suffered it; or was suffered by a person who voluntarily accepted the risk of the damage being caused; but without prejudice to any liability arising otherwise than under this subsection. The matters which may be proved by way of defence under section 33(7) above may be proved also by way of defence to an action brought under subsection (6) above. In subsection (6) above— “ damage ” includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition); and “ fault ” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945. For the purposes of the following enactments— the Fatal Accidents Act 1976; the Law Reform (Contributory Negligence) Act 1945; and the Limitation Act 1980; and for the purposes of any action of damages in Scotland arising out of the death of, or personal injury to, any person, any damage for which a person is liable under subsection (6) above shall be treated as due to his fault. In subsection (2) above, “ enactment ” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
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 provision sets out rules for appealing non-criminal decisions made by magistrates or authorities under this Part of the legislation, and establishes civil liability for damage caused by unlawfully deposited waste.
Under these rules, any party to a non-criminal proceeding in a magistrates' court can appeal the decision to the Crown Court unless another statute provides for an appeal. If a person appeals a decision that dismissed a challenge against an authority requirement, any suspension of that requirement stays in effect while the Crown Court appeal is pending. Authorities must explicitly notify affected parties of their right to appeal and the relevant deadline.
Additionally, anyone who deposits waste, or knowingly causes or permits waste to be deposited in violation of section 33(1) or section 63(2), is civilly liable for any resulting damage. Damage includes personal injury, disease, impairment, or death. Liability does not apply if the damage was entirely the fault of the sufferer or if the sufferer voluntarily accepted the risk.
When it applies
- A landowner suffers physical injury or land damage from hazardous chemical waste dumped unlawfully on their property.
- A business owner appeals a magistrates' court civil order enforcing a waste management requirement to the Crown Court.
- An authority issues a notice regarding a waste decision without stating the statutory appeal rights and time limits.
What this section does not say
- Criminal prosecutions for fly-tipping, which are brought directly as criminal proceedings rather than civil damage claims.
- Contaminated land remediation notices, which are governed separately under section 78e.
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This page reproduces the text of EPA 1990 s. 73 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.