- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
3. (1) The Environmental Protection Act 1990 is amended as follows.
(2) Section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste) is amended as follows–
(a)for subsection (2) there is substituted–
“(2) Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling.
(2A) Subsection (2) above does not extend to the treatment, keeping or disposal of household waste by an establishment or undertaking.”;
(b)in subsection (8) after “subsection (9)”, there is inserted “or (10)”;
(c)in subsection (9) after “waste”, there is inserted “(other than household waste of the description specified in subsection (10) below)”; and
(d)after subsection (9) there is added–
“(10) A person who commits an offence under subsection (1)(c) above in relation to household waste from a domestic property within the curtilage of the dwelling shall be liable–
(a)on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.”.
(3) For subsection (2) of section 34 (duty of care etc. as respects waste) there is substituted–
“(2) An occupier of domestic property–
(a)shall, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes; and
(b)shall not otherwise be subject to the duty imposed by subsection (1) above.”.
(4) Section 75 (meaning of “waste” and related expressions)(1) is amended as follows–
(a)the word “or” immediately after subsection (6)(c) is omitted; and
(b)at the end of that subsection there is added–
any mine or quarry”;
(c)in subsection (7) after “premises” where it first occurs, there is inserted “(including premises used for agriculture within the meaning of the Agriculture (Scotland) Act 1948)”;
(d)at the end of subsection (7)(b) “and” is added;
(e)subsection (7)(c) is repealed;
(f)in subsection (8) omit “but no regulations shall be made in respect of such waste as is mentioned in subsection (7)(c) above”;
(g)at the end of subsection (12)(a) “and” is omitted;
(h)at the end of subsection (12)(b) there is added–
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: