To establish the offence of permitting land to be used as a waste facility under s 144(1) of the Protection of the Environment Operations Act 1997, the prosecution must prove the defendant was aware of the physical actions of storage, treatment, reprocessing, sorting or disposal of waste on the land and failed to exercise a right or power to prevent those actions. It is not necessary to prove the defendant had the purpose or intention that the land be used as a waste facility. The phrase 'intentionally allows' used in earlier authorities to describe 'permits' refers to awareness or knowledge, not to intention directed at a particular result.
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