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Environmental Protection Act 1990
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Changes over time for: Section 75
Version Superseded: 20/03/2019
Alternative versions:
- 31/05/1991- Amendment
- 01/04/2002- Amendment
- 01/04/2003- Amendment
- 21/01/2005- Amendment
- 26/04/2005- Amendment
- 16/07/2005- Amendment
- 15/05/2006- Amendment
- 27/03/2011- Amendment
- 29/03/2011- Amendment
- 17/05/2012- Amendment
- 08/06/2015- Amendment
- 01/09/2018- Amendment
- 01/09/2018
Point in time - 20/03/2019- Amendment
- 01/10/2020- Amendment
- 31/12/2020- Amendment
- 24/01/2022- Amendment
- 07/03/2022- Amendment
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75 Meaning of “waste” and household, commercial and industrial waste and [F1hazardous waste].E+W
(1)The following provisions apply for the interpretation of this Part.
[F2(2)“Waste” means anything that is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste.]
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)“Controlled waste” means household, industrial and commercial waste or any such waste.
(5)Subject to subsection (8) below, “household waste” means waste from—
(a)domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
(b)a caravan (as defined in section 29(1) of the M1Caravan 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);
(c)a residential home;
(d)premises forming part of a university or school or other educational establishment;
(e)premises forming part of a hospital or nursing home.
(6)Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—
(a)any factory (within the meaning of the M2Factories Act 1961);
(b)any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;
(c)any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; F4. . .
(d)any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services[F5; or
(e)any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947]
(7)Subject to subsection (8) below, “commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—
(a)household waste;
(b)industrial waste; [F6and]
(c)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.
(8)Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; F8. . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.
[F9(8A)“Hazardous waste”—
(a)in the application of this Part to England, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (England and Wales) Regulations 2005;
[F10(b)in the application of this Part to Wales, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (Wales) Regulations 2005.]
(8B)[F11In subsection (8A) “Hazardous Waste List” means the list referred to in the first indent of Article 1(4) of Council Directive 91/689/EEC.]]
F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words in s. 75 heading substituted (E.W.) (16.7.2005) by The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1(1), 74(a) (with reg. 75)
F2S. 75(2) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 3(8)(a) (with regs. 2, 47(2))
F3S. 75(3) repealed (1.4.2003 for S. for certain purposes, 1.1.2005 otherwise for S. and 15.5.2006 for E.W.) by 1995 c. 25, ss. 120(1)(3), 125(3), Sch. 22 para. 88(3), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2; S.S.I. 2004/541, art. 2; S.I. 2006/934, art. 2
F4Word in s. 75(6)(c) omitted (E.W.) (15.5.2006) by virtue of The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(a)
F5S. 75(6)(e) and preceding word added (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(b)
F6Word in s. 75(7)(b) added (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(c)
F7S. 75(7)(c) repealed (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(d)
F8Words in s. 75(8) omitted (E.W.) (15.5.2006) by virtue of The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(e)
F9S. 75(8A)(8B) inserted (E.W.) (16.7.2005) by The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1(1), 74(b) (with reg. 75)
F10S. 75(8A)(b) substituted (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), regs. 1(2), 73, Sch. 11 para. 2(a) (with reg. 71)
F11S. 75(8B) omitted (W.) (16.7.2005) by virtue of The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), regs. 1(2), 73, Sch. 11 para. 2(b) (with reg. 71)
F12S. 75(9) omitted (E.W.) (16.7.2005) by virtue of The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1(1), 74(c) (with reg. 75)
F13S. 75(10)-(12) omitted (E.W.) (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 3(8)(b) (with regs. 2, 47(2))
Modifications etc. (not altering text)
C2Pt. 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)
Commencement Information
I2S. 75 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Marginal Citations
75Meaning of “waste” and household, commercial and industrial waste and special waste.S
(1)The following provisions apply for the interpretation of this Part.
[F14(2)“Waste” means—
(a)anything that is waste within the meaning of Article 3(1) of the Waste Directive, as read with Articles 5 and 6, and which is not excluded from the scope of that Directive by Article 2(1), (2) or (3);
[F15(b)radioactive waste, as defined in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018, the disposal of which falls within one of the activities specified in column 1 of Part 1 of schedule 9 of those Regulations and can be carried on in accordance with the rules specified for that activity;]
(c)where land is undergoing on-site remediation of contamination, that land including unexcavated contaminated soil and any contaminated buildings permanently connected with that land.]
[F16(2A)“Broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, whether or not such arrangements involve the broker taking physical possession of the waste; and “dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, whether or not this involves the dealer taking physical possession of the waste.]
(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)“Controlled waste” means household, industrial and commercial waste or any such waste.
(5)Subject to subsection (8) below, “household waste” means waste from—
(a)domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
(b)a caravan (as defined in section 29(1) of the M3Caravan 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);
(c)a residential home;
(d)premises forming part of a university or school or other educational establishment;
(e)premises forming part of a hospital or [F17which are used to provide a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8))].
(6)Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—
(a)any factory (within the meaning of the M4Factories Act 1961);
(b)any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;
(c)any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; F18. . .
(d)any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services [F19; or
(e)any mine or quarry.]
(7)Subject to subsection (8) below, “commercial waste” means waste from premises [F20(including premises used for agriculture within the meaning of the Agriculture (Scotland) Act 1948)] used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—
(a)household waste;
(b)industrial waste; [F21and]
(c)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.
[F23(7A)“Dry recyclable waste” means controlled waste that is—
(a)glass;
(b)metals;
(c)plastics;
(d)paper; or
(e)card (including cardboard),
and dry recyclable waste of the same type (such as glass) is referred to as a “dry waste stream”.
(7B)“Food waste” means controlled waste that was at any time food intended for human consumption (even if of no nutritional value), and includes biodegradable waste produced as consequence of the processing or preparation of food, but does not include drink.]
(8)Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; F24. . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.
(9)“Special waste” means controlled waste as respects which regulations are in force under section 62 above.
F25(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F26(12)In this Part, “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as amended by Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC.]
Extent Information
E2This version of this provision has been created for Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F3S. 75(3) repealed (1.4.2003 for S. for certain purposes, 1.1.2005 otherwise for S. and 15.5.2006 for E.W.) by 1995 c. 25, ss. 120(1)(3), 125(3), Sch. 22 para. 88(3), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2; S.S.I. 2004/541, art. 2; S.I. 2006/934, art. 2
F14S. 75(2) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(12)(a)
F15S. 75(2)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 2(2) (with reg. 78, sch. 5 para. 2)
F16S. 75(2A) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(12)(b)
F17Words in s. 75(5)(e) substituted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 17; S.S.I. 2002/162, art. 2(f)(h) (with arts. 3-13)
F18Word in s. 75(6) omitted (S.) (21.1.2005) by virtue of The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(a)
F19S. 75(6)(e) and preceding word added (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(b)
F20Words in s. 75(7) inserted (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(c)
F21Word in s. 75(7)(b) added (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(d)
F22S. 75(7)(c) repealed (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(e)
F23S. 75(7A)(7B) inserted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(7)
F24Words in s. 75(8) omitted (S.) (21.1.2005) by virtue of The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(f)
F25S. 75(10) repealed (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(12)(c)
F26S. 75(12) substituted (8.6.2015) by The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/188), regs. 1(1), 2
Commencement Information
I3S. 75 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Marginal Citations
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