The Registrar appealed a Licence Appeals Tribunal decision setting aside a proposal to revoke the respondent's crematorium operator licence.
The respondent used a low-temperature alkaline hydrolysis process, which the Registrar argued posed a public health risk due to potential failure to destroy prions.
The Divisional Court dismissed the appeal, finding the Tribunal reasonably concluded the Registrar failed to establish reasonable grounds to believe the process created a risk to public health and safety.
The Court also found the Tribunal did not err in its application of the precautionary principle or in declining to impose further licence conditions.