Environment

On the proper construction of s 34(1)(c) of the Environmental Protection Act 1990, the duty of care imposed under that subsection on any person who produced waste was a duty to secure the results set out in s 34(1)(c), which was to be complied with on the occasion of a given transfer of waste; and the question as to what had been the reasonable measures applicable to him “in that capacity” to secure those results, had to be answered and assessed by reference to his capacity on that occasion in the circumstances prevailing on that occasion. It could be no defence in the event of proof of non-compliance with the duty under s 34(1), that in the particular circumstances, even if the duty had been fulfilled, there would still have been a transfer to an unauthorised person.