Section 6(1) of the Environmental Offences and Penalties Act 1989 creates one offence of negligently causing a substance to leak, with 'harming' and 'likely to harm' the environment being alternative forbidden characteristics of the single prohibited act rather than separate offences. A summons alleging both characteristics is not bad for duplicity. Offences under s 6(1) are capable of being continuing offences, particularly where leaks are prolonged and slow.
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