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(1)Section 47 of the 1990 Act (receptacles for commercial or industrial waste) shall apply in the area of a borough council as if, in subsection (4), the following paragraph were inserted after paragraph (b)—
“(ba)the placing of the receptacles for the purpose of avoiding nuisance or detriment to the amenities of the area;”.
(2)Requirements making provision under section 47(4)(ba) of the 1990 Act (as inserted by subsection (1) above) shall not apply to—
(a)a statutory undertaker in relation to any receptacle on its operational land;
(b)any other person who is an occupier of—
(i)any part of an aerodrome within the meaning of the Aviation Security Act 1982 (c. 36);
(ii)harbour premises within the meaning of Part III of the 1990 Act; or
(iii)other land comprised in a port facility within the meaning of article 2 of Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security;
(c)any other person who has been given an instruction by the Secretary of State under section 119 of the Railways Act 1993 (c. 43) (security: power of Secretary of State to give instructions) for so long as that instruction remains in effect; or
(d)any other person who is subject to a direction for the time being in force under article 16 of the Channel Tunnel Security Order 1994 (S.I. 1994 no. 570) or any similar provision replacing that article and that is contained in an order made under section 11 of the Channel Tunnel Act 1987 (c. 53) (regulation of the tunnel system: application and enforcement at law, etc.).
(3)In subsection (2) above—
“operational land” has the same meaning as in the Planning Act; and
“statutory undertaker” has the same meaning as in section 262(1) of that Act.
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