I1C1C3C4 Part II Waste on Land
Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)
Pt. 2 modified (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 5
Collection, disposal or treatment of controlled waste
I2C257 Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.
1
2
F162A
The appropriate Minister may, by notice in writing—
a
direct a registered waste carrier to collect waste which is being kept on specified land and deliver it to a specified person on specified terms;
b
direct any person who—
i
is keeping waste on any land, or
ii
owns or occupies land on which waste is being kept,
to facilitate collection of the waste by a specified registered waste carrier to whom a direction in respect of the waste is given under paragraph (a).
3
A direction under this section may impose a requirement as respects waste of any specified kind or as respects any specified consignment of waste.
4
A direction under subsection (2) above may require the person who is directed to deliver the waste to pay to the specified person his reasonable costs F9in relation to the waste.
F74A
A direction under subsection (2A)(b) may require the person to whom it is given—
a
to pay to the specified registered waste carrier the reasonable costs of collecting and delivering the waste;
b
to pay to the specified person to whom the waste is delivered (“P”) the reasonable costs incurred by P in relation to the waste (including any costs P is required by a direction under this section to pay to another person).
5
A person who fails, without reasonable excuse, to comply with a direction under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
A person shall not be guilty of an offence under any other enactment prescribed by the Secretary of State by regulations made for the purposes of this subsection by reason only of anything necessarily done or omitted in order to comply with a direction under this section.
7
The Secretary of State may F13pay any costs mentioned in subsection (4).
F87A
The appropriate Minister may pay any costs mentioned in subsection (4A).
F28
In this section—
F10“appropriate Minister” means—
- a
the Secretary of State, in relation to waste being kept on land in England, and
- b
the Welsh Ministers, in relation to waste being kept on land in Wales;
- a
“registered waste carrier” means a person registered under the Control of Pollution (Amendment) Act 1989 as a carrier of controlled waste;
“specified” means specified in a direction under this section; and
F4“waste” means anything that is waste within the meaning of Article 3(1) of F14the Waste Framework DirectiveF15, as read with Articles 5 and 6 of that Directive, including anything excluded from the scope of that Directive by Article 2(1)(f) or 2(2)(b) or (c), but not including anything excluded by the remainder of that Article
I2C2E157 Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.
1
The Secretary of State may, by notice in writing, direct F12any waste management operator to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms.
2
The Secretary of State may, by notice in writing, direct any person who is keeping controlled waste on any land to deliver the waste to a specified person on specified terms with a view to its being treated or disposed of by that other person.
3
A direction under this section may impose a requirement as respects waste of any specified kind or as respects any specified consignment of waste.
F53A
A direction under subsection (1) may only be given for the purpose of protecting the environment or human health.
4
A direction under subsection (2) above may require the person who is directed to deliver the waste to pay to the specified person his reasonable costs of treating or disposing of the waste.
5
A person who fails, without reasonable excuse, to comply with a direction under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
A person shall not be guilty of an offence under any other enactment prescribed by the Secretary of State by regulations made for the purposes of this subsection by reason only of anything necessarily done or omitted in order to comply with a direction under this section.
7
The Secretary of State may, where the costs of the treatment or disposal of waste are not paid or not fully paid in pursuance of subsection (4) above to the person treating or disposing of the waste, pay the costs or the unpaid costs, as the case may be, to that person.
F117A
In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
F68
In this section—
a
“authorisation” includes—
i
any authorisation, permit, licence, registration or notification;
ii
an exemption (whether or not subject to conditions or limitations) from a requirement to have or make an authorisation, permit, licence, registration or notification;
iii
a requirement to comply with general binding rules, conditions or limitations;
b
“specified” means specified in a direction under this section;
c
“waste management operation” means the deposit, disposal, management, recovery or treatment of waste;
d
“waste management operator” means a person—
i
to whom an authorisation to carry on a waste management operation has been granted or transferred; or
ii
carrying on a waste management operation in accordance with an authorisation.
Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)