Office of Public Sector Information
(1) The following provisions have effect for the interpretation of this Part.
(2) The “environment” consists of all, or any, of the following media, namely land, water and the air.
(3) “Pollution of the environment” means pollution of the environment due to the release or escape (into any environmental medium) from—
(a) the land on which controlled waste is treated,
(b) the land on which controlled waste is kept,
(c) the land in or on which controlled waste is deposited,
(d) fixed plant by means of which controlled waste is treated, kept or disposed of,
of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to man or any other living organisms supported by the environment.
(4) Subsection (3) above applies in relation to mobile plant by means of which controlled waste is treated or disposed of as it applies to plant on land by means of which controlled waste is treated or disposed of.
(5) For the purposes of subsections (3) and (4) above “harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and in the case of man includes offence to any of his senses or harm to his property; and “harmless” has a corresponding meaning.
(6) The “disposal” of waste includes its disposal by way of deposit in or on land and, subject to subsection (7) below, waste is “treated” when it is subjected to any process, including making it re-usable or reclaiming substances from it and “recycle” (and cognate expressions) shall be construed accordingly.
(7) Regulations made by the Secretary of State may prescribe activities as activities which constitute the treatment of waste for the purposes of this Part or any provision of this Part prescribed in the regulations.
(8) “Land” includes land covered by waters where the land is above the low water mark of ordinary spring tides and references to land on which controlled waste is treated, kept or deposited are references to the surface of the land (including any structure set into the surface).
(9) “Mobile plant” means, subject to subsection (10) below, plant which is designed to move or be moved whether on roads or other land.
(10) Regulations made by the Secretary of State may prescribe descriptions of plant which are to be treated as being, or as not being, mobile plant for the purposes of this Part.
(11) “Substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.
(1) For the purposes of this Part the following authorities are, subject to section 31 below, waste regulation authorities, namely—
(a) for any non-metropolitan county in England, the county council;
(b) for Greater London, the authority constituted as the London Waste Regulation Authority;
(c) for the metropolitan county of Greater Manchester, the authority constituted as the Greater Manchester Waste Disposal Authority;
(d) for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;
(e) for any district in any other metropolitan county in England, the council of the district;
(f) for any district in Wales, the council of the district;
(g) in Scotland, an islands or district council;
and the authorities mentioned in paragraph (c) and (d) above shall for the purposes of their functions as waste regulation authorities be known as the Greater Manchester Waste Regulation Authority and the Merseyside Waste Regulation Authority respectively.
(2) For the purposes of this Part the following authorities are waste disposal authorities, namely—
(a) for any non-metropolitan county in England, the county council;
(b) in Greater London, the following—
(i) for the area of a London waste disposal authority, the authority constituted as the waste disposal authority for that area;
(ii) for the City of London, the Common Council;
(iii) for any other London borough, the council of the borough;
(c) in the metropolitan county of Greater Manchester, the following—
(i) for the metropolitan district of Wigan, the district council;
(ii) for all other areas in the county, the authority constituted as the Greater Manchester Waste Disposal Authority;
(d) for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;
(e) for any district in any other metropolitan county in England, the council of the district;
(f) for any district in Wales, the council of the district;
(g) in Scotland, an islands or district council.
(3) For the purposes of this Part the following authorities are waste collection authorities—
(a) for any district in England and Wales not within Greater London, the council of the district;
(b) in Greater London, the following—
(i) for any London borough, the council of the borough;
(ii) for the City of London, the Common Council;
(iii) for the Temples, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple respectively;
(c) in Scotland, an islands or district council.
(4) In this section references to particular authorities having been constituted as waste disposal or regulation authorities are references to their having been so constituted by the [S.I. 1985/1884.] Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the [1985 c. 51.] Local Government Act 1985 and the reference to London waste disposal authorities is a reference to the authorities named in Parts I, II, III, IV and V of Schedule 1 to that Order and this section has effect subject to any order made under the said section 10 establishing authorities to discharge any functions to which that section applies.
(5) In this Part “waste disposal contractor” means a person who in the course of a business collects, keeps, treats or disposes of waste, being either—
(a) a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or
(b) either a company formed for all or any of those purposes by other persons or a partnership or an individual;
and “company” has the same meaning as in the [1985 c. 6.] Companies Act 1985 and “formed”, in relation to a company formed by other persons, includes the alteration of the objects of the company.
(6) In this Part, in its application to Scotland, “river purification authority” means a river purification authority within the meaning of the [1951 c. 64.] Rivers (Prevention of Pollution) (Scotland) Act 1951.
(7) It shall be the duty of each authority which is both a waste regulation authority and a waste disposal authority—
(a) to make administrative arrangements for keeping its functions as a waste regulation authority separate from its functions as a waste disposal authority; and
(b) to submit details of the arrangements which it has made to the Secretary of State.
(8) The Secretary of State may give to an authority to which subsection (7) above applies directions as to the arrangements which it is to make for the purpose of keeping its functions as a waste regulation authority separate from its functions as a waste disposal authority; and it shall be the duty of the authority to give effect to the directions.
(1) If it appears to the Secretary of State in the case of any two or more of the authorities mentioned in section 30(1) above that those authorities (in this section referred to as “relevant authorities”) could with advantage make joint arrangements for the discharge of all or any of their functions as waste regulation authorities, he may by order establish a single authority (a “regional authority”) to discharge such of those functions as may be specified in the order for the area comprising the areas of those authorities.
(2) A regional authority shall exercise the functions specified in the order establishing it on and after a day specified in the order and, so far as the exercise of those functions (if not withdrawn) and any subsequently-conferred functions is concerned, shall (in place of the relevant authorities) be the waste regulation authority for the purposes of this Part.
(3) The members of a regional authority shall be appointed by the relevant authorities in accordance with the order establishing it and no person shall be such a member unless he is a member of one of the relevant authorities.
(4) The Secretary of State may by order made with respect to any regional authority—
(a) confer or impose on it further functions;
(b) withdraw from it any functions previously conferred or imposed; or
(c) dissolve it;
and functions may be so conferred or imposed or withdrawn as respects the whole or any part of the authority’s area.
(5) An order under this section may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provision for the transfer of property, staff, rights and liabilities.
(1) In this section “existing disposal authority” means any authority (including any joint authority) constituted as a waste disposal authority for any area before the day appointed for this section to come into force.
(2) The Secretary of State shall, subject to subsection (3) below, give directions to existing disposal authorities or, in the case of joint authorities, to the constituent authorities requiring them, before specified dates, to—
(a) form or participate in forming waste disposal companies; and
(b) transfer to the companies so formed, by and in accordance with a scheme made in accordance with Schedule 2 to this Act, the relevant part of their undertakings;
and a waste disposal authority shall accordingly have power to form, and hold securities in, any company so established.
(3) Subject to subsection (4) below, the Secretary of State shall not give any direction under subsection (2) above to an existing disposal authority, or to the constituent authorities of an existing disposal authority, as respects which or each of which he is satisfied that the authority—
(a) has formed or participated in forming a waste disposal company and transferred to it the relevant part of its undertaking;
(b) has, in pursuance of arrangements made with other persons, ceased to carry on itself the relevant part of its undertaking;
(c) has made arrangements with other persons to cease to carry on itself the relevant part of its undertaking; or
(d) has, in pursuance of arrangements made with other persons, ceased to provide places at which and plant and equipment by means of which controlled waste can be disposed of or deposited for the purposes of disposal.
(4) Subsection (3) above does not apply in a case falling within paragraph (a) unless it appears to the Secretary of State that—
(a) the form of the company and the undertaking transferred are satisfactory; and
(b) the requirements of subsections (8) and (9) below are fulfilled;
and “satisfactory” means satisfactory by reference to the corresponding arrangements to which he would give his approval for the purposes of a transfer scheme under Schedule 2 to this Act.
(5) Where the Secretary of State is precluded from giving a direction under subsection (2) above to any authority by reason of his being satisfied as to the arrangements mentioned in subsection (3)(c) above, then, if those arrangements are not implemented within what appears to him to be a reasonable time, he may exercise his power to give directions under subsection (2) above as respects that authority.
(6) Part I of Schedule 2 to this Act has effect for the purposes of this section and Part II for regulating the functions of waste disposal authorities and the activities of waste disposal contractors.
(7) Subject to subsection (8) below, the activities of a company which a waste disposal authority has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise) may include activities which are beyond the powers of the authority to carry on itself, but, in the case of a company formed otherwise than in pursuance of subsection (2)(a) above, only if the Secretary of State has determined under subsection (4)(a) above that the form of the company and the undertaking transferred to it are satisfactory.
(8) A waste disposal authority shall, for so long as it controls a company which it has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise), so exercise its control as to secure that the company does not engage in activities other than the following activities or any activities incidental or conducive to, or calculated to facilitate, them, that is to say, the disposal, keeping or treatment of waste and the collection of waste.
(9) Subject to subsection (10) below, a waste disposal authority shall, for so long as it controls a company which it has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise), so exercise its control as to secure that, for the purposes of Part V of the [1989 c. 42.] Local Government and Housing Act 1989, the company is an arm’s length company.
(10) Subsection (9) above shall not apply in the case of a company which a waste disposal authority has formed or participated in forming in pursuance of subsection (2)(a) above until after the vesting date for that company.
(11) In this section and Schedule 2 to this Act—
“control” (and cognate expressions) is to be construed in accordance with section 68 or, as the case requires, section 73 of the Local Government and Housing Act 1989;
“the relevant part” of the undertaking of an existing disposal authority is that part which relates to the disposal, keeping or treatment or the collection of waste;
and in this section “securities” and “vesting date” have the same meaning as in Schedule 2.
(12) This section shall not apply to Scotland.
(1) Subject to subsection (2) and (3) below and, in relation to Scotland, to section 54 below, a person shall not—
(a) deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence;
(b) treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of—
(i) in or on any land, or
(ii) by means of any mobile plant,
except under and in accordance with a waste management licence;
(c) treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health.
(2) Subsection (1) above does not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling by or with the permission of the occupier of the dwelling.
(3) Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.
(4) The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the controls imposed by waste management licences—
(a) any deposits which are small enough or of such a temporary nature that they may be so excluded;
(b) any means of treatment or disposal which are innocuous enough to be so excluded;
(c) cases for which adequate controls are provided by another enactment than this section.
(5) Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.
(6) A person who contravenes subsection (1) above or any condition of a waste management licence commits an offence.
(7) It shall be a defence for a person charged with an offence under this section to prove—
(a) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or
(b) that he acted under instructions from his employer and neither knew nor had reason to suppose that the acts done by him constituted a contravention of subsection (1) above; or
(c) that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to the public and that, as soon as reasonably practicable after they were done, particulars of them were furnished to the waste regulation authority in whose area the treatment or disposal of the waste took place.
(8) Except in a case falling within subsection (9) below, a person who commits an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both; and
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(9) A person who commits an offence under this section in relation to special waste shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.
(1) Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—
(a) to prevent any contravention by any other person of section 33 above;
(b) to prevent the escape of the waste from his control or that of any other person; and
(c) on the transfer of the waste, to secure—
(i) that the transfer is only to an authorised person or to a person for authorised transport purposes; and
(ii) that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section and to comply with the duty under this subsection as respects the escape of waste.
(2) The duty imposed by subsection (1) above does not apply to an occupier of domestic property as respects the household waste produced on the property.
(3) The following are authorised persons for the purpose of subsection (1)(c) above—
(a) any authority which is a waste collection authority for the purposes of this Part;
(b) any person who is the holder of a waste management licence under section 35 below or of a disposal licence under section 5 of the Control [1974 c. 40.] of Pollution Act 1974;
(c) any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section;
(d) any person registered as a carrier of controlled waste under section 2 of[1989 c. 14.] the Control of Pollution (Amendment) Act 1989;
(e) any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and
(f) a waste disposal authority in Scotland.
(4) The following are authorised transport purposes for the purposes of subsection (1)(c) above—
(a) the transport of controlled waste within the same premises between different places in those premises;
(b) the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and
(c) the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain;
and “transport” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989.
(5) The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to the duty imposed by subsection (1) above as respects the making and retention of documents and the furnishing of documents or copies of documents.
(6) Any person who fails to comply with the duty imposed by subsection (1) above or with any requirement imposed under subsection (5) above shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to a fine.
(7) The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by subsection (1) above.
(8) The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.
(9) The code of practice prepared in pursuance of subsection (7) above shall be laid before both Houses of Parliament.
(10) A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(11) Different codes of practice may be prepared and issued under subsection (7) above for different areas.
(1) A waste management licence is a licence granted by a waste regulation authority authorising the treatment, keeping or disposal of any specified description of controlled waste in or on specified land or the treatment or disposal of any specified description of controlled waste by means of specified mobile plant.
(2) A licence shall be granted to the following person, that is to say—
(a) in the case of a licence relating to the treatment, keeping or disposal of waste in or on land, to the person who is in occupation of the land; and
(b) in the case of a licence relating to the treatment or disposal of waste by means of mobile plant, to the person who operates the plant.
(3) A licence shall be granted on such terms and subject to such conditions as appear to the waste regulation authority to be appropriate and the conditions may relate—
(a) to the activities which the licence authorises, and
(b) to the precautions to be taken and works to be carried out in connection with or in consequence of those activities;
and accordingly requirements may be imposed in the licence which are to be complied with before the activities which the licence authorises have begun or after the activities which the licence authorises have ceased.
(4) Conditions may require the holder of a licence to carry out works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him by the licence.
(5) Conditions may relate, where waste other than controlled waste is to be treated, kept or disposed of, to the treatment, keeping or disposal of that other waste.
(6) The Secretary of State may, by regulations, make provision as to the conditions which are, or are not, to be included in a licence; and regulations under this subsection may make different provision for different circumstances.
(7) The Secretary of State may, as respects any licence for which an application is made to a waste regulation authority, give to the authority directions as to the terms and conditions which are, or are not, to be included in the licence; and it shall be the duty of the authority to give effect to the directions.
(8) It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State with respect to the discharge of their functions in relation to licences.
(9) A licence may not be surrendered by the holder except in accordance with section 39 below.
(10) A licence is not transferable by the holder but the waste regulation authority may transfer it to another person under section 40 below.
(11) A licence shall continue in force until it is revoked entirely by the waste regulation authority under section 38 below or it is surrendered or its surrender is accepted under section 39 below.
(12) In this Part “licence” means a waste management licence and “site licence” and “mobile plant licence” mean, respectively, a licence authorising the treatment, keeping or disposal of waste in or on land and a licence authorising the treatment or disposal of waste by means of mobile plant.
(1) An application for a licence shall be made—
(a) in the case of an application for a site licence, to the waste regulation authority in whose area the land is situated; and
(b) in the case of an application for a mobile plant licence, to the waste regulation authority in whose area the operator of the plant has his principal place of business;
and shall be made in the form prescribed by the Secretary of State in regulations and accompanied by the prescribed fee payable under section 41 below.
(2) A licence shall not be issued for a use of land for which planning permission is required in pursuance of the [1990 c. 8.] Town and Country Planning Act 1990 or the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 unless—
(a) such planning permission is in force in relation to that use of the land, or
(b) an established use certificate is in force under section 192 of the said Act of 1990 or section 90 of the said Act of 1972 in relation to that use of the land.
(3) Subject to subsection (2) above and subsection (4) below, a waste regulation authority to which an application for a licence has been duly made shall not reject the application if it is satisfied that the applicant is a fit and proper person unless it is satisfied that its rejection is necessary for the purpose of preventing—
(a) pollution of the environment;
(b) harm to human health; or
(c) serious detriment to the amenities of the locality;
but paragraph (c) above is inapplicable where planning permission is in force in relation to the use to which the land will be put under the licence.
(4) Where the waste regulation authority proposes to issue a licence, the authority must, before it does so,—
(a) refer the proposal to the National Rivers Authority and the Health and Safety Executive; and
(b) consider any representations about the proposal which the Authority or the Executive makes to it during the allowed period.
(5) If, following the referral of a proposal to the National Rivers Authority under subsection (4)(a) above, the Authority requests that the licence be not issued or disagrees about the conditions of the proposed licence either of them may refer the matter to the Secretary of State and the licence shall not be issued except in accordance with his decision.
(6) Subsection (4) above shall not apply to Scotland, but in Scotland where a waste regulation authority (other than an islands council) proposes to issue a licence, the authority must, before it does so,—
(a) refer the proposal to—
(i) the river purification authority whose area includes any of the relevant land;
(ii) the Health and Safety Executive;
(iii) where the waste regulation authority is not also a district planning authority within the meaning of section 172 of the [1973 c. 65.] Local Government (Scotland) Act 1973, the general planning authority within the meaning of that section whose area includes any of the relevant land; and
(b) consider any representations about the proposal which the river purification authority, the Executive or the general planning authority makes to it during the allowed period,
and if the river purification authority requests that the licence be not issued or disagrees with the waste regulation authority about the conditions of the proposed licence either of them may refer the matter to the Secretary of State and the licence shall not be issued except in accordance with his decision.
(7) Where any part of the land to be used is land which has been notified under section 28(1) of the [1981 c. 69.] Wildlife and Countryside Act 1981 (protection for certain areas) and the waste regulation authority proposes to issue a licence, the authority must, before it does so—
(a) refer the proposal to the appropriate nature conservation body; and
(b) consider any representations about the proposal which the body makes to it during the allowed period;
and in this section any reference to the appropriate nature conservation body is a reference to the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales, according as the land is situated in England, Scotland or Wales.
(8) Until the date appointed under section 131(3) below any reference in subsection (7) above to the appropriate nature conservation body is a reference to the Nature Conservancy Council.
(9) If within the period of four months beginning with the date on which a waste regulation authority received an application for the grant of a licence, or within such longer period as the authority and the applicant may at any time agree in writing, the authority has neither granted the licence in consequence of the application nor given notice to the applicant that the authority has rejected the application, the authority shall be deemed to have rejected the application.
(10) The period allowed to the National Rivers Authority, the Health and Safety Executive, the appropriate nature conservancy body, a river purification authority or general planning authority for the making of representations under subsection (4), (6) or (7) above about a proposal is the period of twenty-one days beginning with that on which the proposal is received by the authority or such longer period as the waste regulation authority and the Authority, the Executive, the body, the river purification authority or the general planning authority, as the case may be, agree in writing.
(1) While a licence issued by a waste regulation authority is in force, the authority may, subject to regulations under section 35(6) above and to subsection (3) below,—
(a) on its own initiative, modify the conditions of the licence to any extent which, in the opinion of the authority, is desirable and is unlikely to require unreasonable expense on the part of the holder; and
(b) on the application of the licence holder accompanied by the prescribed fee payable under section 41 below, modify the conditions of his licence to the extent requested in the application.
(2) While a licence issued by a waste regulation authority is in force, the authority shall, except where it revokes the licence entirely under section 38 below, modify the conditions of the licence—
(a) to the extent which in the opinion of the authority is required for the purpose of ensuring that the activities authorised by the licence do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities; and
(b) to the extent required by any regulations in force under section 35(6) above.
(3) The Secretary of State may, as respects any licence issued by a waste regulation authority, give to the authority directions as to the modifications which are to be made in the conditions of the licence under subsection (1)(a) or (2)(a) above; and it shall be the duty of the authority to give effect to the directions.
(4) Any modification of a licence under this section shall be effected by notice served on the holder of the licence and the notice shall state the time at which the modification is to take effect.
(5) Section 36(4), (5), (6), (7), (8) and (10) above shall with the necessary modifications apply to a proposal by a waste regulation authority to modify a licence under subsection (1) or (2)(a) above as they apply to a proposal to issue a licence, except that—
(a) the authority may postpone the reference so far as the authority considers that by reason of an emergency it is appropriate to do so; and
(b) the authority need not consider any representations as respects a modification which, in the opinion of the waste regulation authority, will not affect any authority mentioned in the subsections so applied.
(6) If within the period of two months beginning with the date on which a waste regulation authority received an application by the holder of a licence for a modification of it, or within such longer period as the authority and the applicant may at any time agree in writing, the authority has neither granted a modification of the licence in consequence of the application nor given notice to the applicant that the authority has rejected the application, the authority shall be deemed to have rejected the application.
Environmental Protection Act 1990