Control of Pollution Act 1974

[F1 5 Licences to dispose of waste. E+W+S

(1) An application for a disposal licence in respect of any land in the area of a disposal authority must be made in writing to the authority . . . F2

(2) A disposal licence shall not be issued for a use of land, plant or equipment for which planning permission is required in pursuance of [F3 the Town and Country Planning Act 1990]] or, in Scotland, the M1 Town and Country Planning (Scotland) Act 1972 unless such permission is in force; . . . F2

(3) Where a disposal authority receives an application for a disposal licence for a use of land, plant or equipment for which such planning permission as aforesaid is in force, it shall be the duty of the authority not to reject the application unless the authority is satisfied that its rejection is necessary for the purpose of preventing pollution of water or danger to public health.

(4) Where a disposal authority proposes to issue a disposal licence, it shall be the duty of the authority before it does so—

(a) to refer the proposal to the water authority [F4 , and in the case of an English county disposal authority any collection authority,] of which the area includes any of the relevant land . . . F2 ; and

(b) to consider any representations about the proposal which, during the period of twenty-one days beginning with that on which the proposal is received by a body . . . F2 mentioned in paragraph (a) of this subsection or during such longer period as the disposal authority and that body . . . F2 agree in writing, the disposal authority receives from that body . . . F2 (including in particular any representations about the conditions which that body . . . F2 considers should be specified in the licence);

and if [F5 a water authority to which the proposal is referred][F5 the National Rivers Authority] requests the disposal authority not to issue the licence or disagrees with the disposal authority as to the conditions to be specified in the 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.

(5) The preceding subsection shall not apply to Scotland, but in Scotland where a disposal authority (other than an islands council) proposes to issue a disposal licence, it shall be the duty of the authority before it does so—

(a) to refer the proposal to—

(i) the river purification authority whose area includes any of the relevant land,

(ii) where the disposal authority is not also a district planning authority within the meaning of section 172 of the M2 Local Government (Scotland) Act 1973, the general planning authority within the meaning of that section whose area includes any of the relevant land, ; . . . F2 and

(b) to consider any representations about the proposal which during the period of twenty-one days beginning with that on which the proposal is received by a body . . . F2 mentioned in paragraph (a) of this subsection or during such longer period as the disposal authority and that body . . . F2 agree in writing, the disposal authority receives from that body . . . F2 (including in particular any representations about the conditions which that body . . . F2 considers should be specified in the licence);

and if a river purification authority to which the proposal is referred requests the disposal authority not to issue the licence or disagrees with the disposal authority as to the conditions to be specified in the 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) A person who, in an application for a disposal licence, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

Textual Amendments

F1 S. 5 repealed (repeal in force at 1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

F2 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 31(1)

F4 By Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(3) it is provided that with effect from 1.4.1986 for the words “and any collection authority” there shall be substituted “, and in the case of an English county disposal authority any collection authority,”

F5 Words commencing “the National” substituted (E.W.) for words commencing “a water” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(3)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Modifications etc. (not altering text)

C1 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C2 S. 5(2) modified (E.W.) by Town and Country Planning Act 1990 (c. 8), s. 191(7)(b) (as substituted (25.11.1991 for specified purposes, 27.7.1992 otherwise) by Planning and Compensation Act 1991 (c. 34), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1630, art. 2 (with art. 3)

C3 S. 5(2) modified (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 90(7)(b) (as substituted (10.8.1992 for specified purposes, 25.9.1992 otherwise) by Planning and Compensation Act 1991 (c. 34), ss. 42(1), 84(2) (with s. 84(5)); S.I. 1992/1937, arts. 3, 4 (with art. 5))

C4 By S.I. 1985/1884 art. 5, Sch. 2 para. 6 (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(7) thereof was exercisable at any time before 1.4.1986) it was provided (E.W.) that (coming into operation on 27.12.1985) s. 5(4)(a) shall be modified to have effect as if subsection (a) were substituted and so substituted and amended as indicated below s. 5(4) is as follows:

(a)to refer the proposal to [the National Rivers Authority] and—

(i)in the case of the London Waste Regulation Authority, to any London waste disposal authority [and in the case of an English county disposal authority any collection authority,] whose area includes any part of the relevant land;

(ii)in the case of an English county disposal authority, to any collection authority whose area includes any part of the relevant land; and expressed to be substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(3)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58]]

Marginal Citations

M1 1972 c. 52.

M2 1973 c. 65.