C4C5 Part I Waste on land

Annotations:
Modifications etc. (not altering text)
C4

Part I (ss.1–30): power to transfer functions conferred by Local Government Act 1985 (c. 51, SIF 81:1), s. 10(4)

Pt. I (ss. 1-30) applied (with modifications) (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 10 (as amended (15.5.2006) by S.I. 2006/937, reg. 6(10)(b))

C5

Pt. I (ss. 1-30) modified (1.2.1996) by 1995 c. 25, s. 5(5)(c) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. I modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Supplemental

C1C2C630 Interpretation etc. of Part I.

1

Subject to the following subsection, in this Part of this Act—

  • F8the appropriate Agency” means—

    1. a

      in relation to England and Wales, the Environment Agency;

    2. b

      in relation to Scotland, SEPA;

  • associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, inspection chamber and manhole and such other works as are prescribed;

  • collection authority” means the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple and “English collection authority” means a collection authority F1of which the area is in the area of an English county disposal authority;

  • controlled waste” means household, industrial and commercial waste or any such waste;

  • F2disposal authority” means the council of a county or metripolitan district in England, the council of a London borough and the Common Council of the City of London, “English county disposal authority” means the council of a county in England and “relevant disposal authority”, in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority;

  • disposal licence” has the meaning assigned to it by section 3(1) of this Act, and “holder” in relation to such a licence shall be construed in accordance with section 8(3) of this Act;

  • private dwelling” means—

    1. a

      a hereditament or premises used wholly for the purposes of a private dwelling or private dwellings as determined in accordance with Schedule 13 to the M1General Rate Act 1967; and

    2. b

      a caravan as defined in section 29(1) of the M2Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M3Caravan Sites Act 1968) which usually and for the time being is situated on a caravan site within the meaning of that Act;

  • relevant land” means—

    1. a

      in relation to a proposal to issue a disposal licence, the land on which activities may be carried on in pursuance of the licence if it is issued in accordance with the proposal; and

    2. b

      in relation to a disposal licence, the land on which activities may be carried on in pursuance of the licence,

    and references to land in the preceding paragraphs include such water as is mentioned in section 4(4) of this Act;

  • F3waste” has the same meaning as it has in Part II of the Environmental Protection Act 1990 by virtue of section 75(2) of that Act;

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In the application of this Part of this Act to Scotland—

  • collection authority” means an islands or district council;

  • disposal authority” means an islands or district council;

  • private dwelling” means—

    1. a

      lands and heritages used wholly or mainly for the purposes of a private dwelling or private dwellings; and

    2. b

      a caravan as defined in section 29(1) of the M4Caravan Sites and Control of Development Act 1960 which usually and for the time being is situated on a caravan site within the meaning of that Act;

  • Scottish collection authority” means a collection authority of which the area is in Scotland;

  • Scottish disposal authority” means a disposal authority of which the area is in Scotland.

3

Subject to the following subsection, for the purposes of this Part of this Act—

a

household waste consists of waste from a private dwelling or residential home or from premises forming part of a university or school or other educational establishment or forming part of a hospital or nursing home;

b

industrial waste consists of waste from any factory within the meaning of the M5Factories Act 1961 and any premises occupied by a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or any undertaking, excluding waste from any mine or quarry; and

c

commercial waste consists of waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—

i

household and industrial waste, and

ii

waste from any mine or quarry and waste from premises used for agriculture within the meaning of the M6Agriculture Act 1947 or, in Scotland, the M7Agriculture (Scotland) Act 1948, and

iii

waste of any other description prescribed for the purposes of this sub-paragraph.

C34

Regulations may provide that waste of a prescribed description shall be treated for the purposes of prescribed provisions of this Part of this Act as being or not being household waste or industrial waste or commercial waste; but no regulations shall be made by virtue of the preceding provisions of this subsection in respect of such waste as is mentioned in paragraph (c)(ii) of the preceding subsection and references in those provisions and in the preceding subsection to waste do not include sewage except so far as regulations provide otherwise.

In this subsection “sewage” includes matter in or from a privy within the meaning of section 12(5) of this Act.

5

Except as provided by regulations made by virtue of this subsection, nothing in this Part of this Act applies to radioactive waste within the meaning of F5the M8Radioactive Substances Act 1960F5Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2010; but regulations may—

a

provide for prescribed provisions of this Part of this Act to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;

b

make such modifications of F6the said Act of 1960 and any other ActF7F6... the Environmental Permitting (England and Wales) Regulations 2010 and any other enactment as the Secretary of State considers appropriate in consequence of the passing of this Part of this Act or in connection with regulations made by virtue of the preceding paragraph.