Control of Pollution Act 1974 (c. 40)

Part I E+W+S Waste on land

Modifications etc. (not altering text)

C1 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))

C2 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 E+W+S

30 Interpretation etc. of Part I. E+W+S

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

• [F1 “the appropriate Agency” means—

  (a)

  in relation to England and Wales, the Environment Agency;

  (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 [F2 of 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;

• [F3 “disposal 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—

  (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 M1 General Rate Act 1967; and

  (b)

  a caravan as defined in section 29(1) of the M2 Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M3 Caravan 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—

  (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

  (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;

• [F4 “waste” 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;]

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

  (a)

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

  (b)

  a caravan as defined in section 29(1) of the M4 Caravan 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 M5 Factories 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 M6 Agriculture Act 1947 or, in Scotland, the M7 Agriculture (Scotland) Act 1948, and

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

(4) 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 [F6 the M8 Radioactive Substances Act 1960][F6 Schedule 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 [F7 the said Act of 1960 and any other Act] F8 [F7 ... 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.

Textual Amendments

F1 Words in s. 30(1) inserted (1.4.1996) by Environment Act 1995 (c. 25), Sch. 22 para. 27(a); S.I. 1996/186, art. 3

F2 Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(5)

F3 Definition substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(5)

F4 Words in s. 30(1) substituted (1.1.2005 for S., 15.5.2006 for E.W.) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 27(b) (with ss. 7(6), 115, 117); S.S.I. 2004/541, art. 2(a); S.I. 2006/934, art. 2(a)

F5 Words in s. 30(1) repealed (1.1.2005 for S., 15.5.2006 for E.W.) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 27(c), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2004/541, art. 2(a)(b)(i); S.I. 2006/934, art. 2(a)

F6 Words in s. 30(5) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 3(a) (with reg. 1(2), Sch. 4)

F7 Words in s. 30(5)(b) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 3(b) (with reg. 1(2), Sch. 4)

F8 Words in s. 30(5)(b) omitted (E.W.) (1.10.2011) by virtue of The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 2 para. 2

Modifications etc. (not altering text)

C3 By S.I. 1985/1884, art. 5, Sch. 2 para. 11 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 30 has effect as if in subsection (1) the definitions of “disposal authority”, “English county disposal authority” and “relevant disposal authority” were omitted and the following definitions were inserted at the appropriate places:

“area”,in relation to the Greater Manchester Waste Disposal Authority, means—

(a)for the purposes of the waste disposal provisions of this Act, the metropolitan county of Greater Manchester excluding the metropolitan district of Wigan; and

(b)for the purposes of the waste regulation provisions of this Act,the whole county;

“disposal authority” has the meaning given by subsections (2A) to (2D) of this section;

“English county disposal authority” means the council of a county in England, the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority;

“London waste disposal authority” means an authority established by Part II, III, IV or V of Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985;

“waste disposal provisions” means—

(a)sections 1 and 2 (waste disposal arrangements and plans);

(b)section 12 (collection of waste);

(c)section 13(4) (provision of receptacles for industrial or commercial waste);

(d)section 14 (disposal of waste);

(e)section 17(2)(a) and (c) (disposal of dangerous or intractable waste);

(f)sections 19 to 21 (powers in relation to disposal of waste which is not controlled waste, reclamation of waste and production of heat and electricity from waste); and

(g)section 27(1) (interference with refuse tips and dustbins etc.);

“waste regulation provisions” means—

(a)sections 3 to 11 (disposal licences);

b)section 16 (removal of waste deposited in breach of licensing provisions); and

(c)section 17(1)(a) and (2)(b) to (d) (directions as to disposal of dangerous or intractable waste, supervision of certain activities, recovery of expenses and charges and appeals to the Secretary of State);

C4 S. 30 shall be modified to have effect as if after subsection (1) there were inserted subsections by S.I. 1985/1884, art. 5, Sch. 2 para. 11(b) the following subsections:

(2A)In Greater London the disposal authority is—

(a)for the purposes of the waste disposal provisions of this Act—

(i)in the area of a London waste disposal authority, that authority;

(ii) in the City of London, the Common Council;

(iii)in any other London borough, the council of that borough; and

(b)for the purposes of the waste regulation provisions of this Act, the London Waste Regulation Authority.

(2B)In the metropolitan county of Greater Manchester the disposal authority is—

(a)for the purposes of the waste disposal provisions of this Act—

(i)in the metropolitan district of Wigan, the district council;

(ii)in all other areas in the county, the Greater Manchester Waste Disposal Authority; and

(b)for the purposes of the waste regulation provisions of this Act, the Greater Manchester Waste Disposal Authority.

(2C)In the metropolitan county of Merseyside the disposal authority is the Merseyside Waste Disposal Authority.

(2D)In all other local authority areas in England the disposal authority is the council of the county or metropolitan district and in Wales it is the council of the district.

C5 S. 30 modified (temp.) (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), reg. 1(1), Sch. 5 para. 15 (with reg. 3)

C6 S. 30(4) extended (16.7.1991) by Control of Pollution (Amendment) Act 1989 (c. 14, SIF 46:4), s. 9(2); S.I. 1991/1618, art. 2(a)

Marginal Citations

M1 1967 c. 9.

M2 1960 c. 62.

M3 1968 c. 52.

M4 1960 c. 62.

M5 1961 c. 34.

M6 1947 c. 48.

M7 1948 c. 45.

M8 1960 c. 34.