SCHEDULE 21Consequential amendments
PART 1Public General Acts
Environmental Protection Act 19904
1
Section 33128 is amended as follows.
2
In subsection (1)—
a
for “subsection (2) and (3) below” substitute “subsections (1A), (1B), (2) and (3) below”;
b
in paragraph (a), for “a waste management licence” substitute “an environmental permit”, and for “the licence” substitute “the permit”;
c
for paragraph (b), substitute—
b
submit controlled waste, or knowingly cause or knowingly permit controlled waste to be submitted, to any listed operation (other than an operation within subsection (1)(a)) that—
i
is carried out in or on any land, or by means of any mobile plant, and
ii
is not carried out under and in accordance with an environmental permit.
3
After subsection (1), insert—
1A
Paragraphs (a) and (b) of subsection (1) above do not apply in relation to a waste operation that is an exempt waste operation.
1B
Subsection (1) does not apply in relation to the carrying on of any of the following activities—
a
the disposal of liquid waste under a consent under Chapter 2 of Part 3 of the Water Resources Act 1991;
b
a waste operation which is or forms part of an operation which—
i
is the subject of a licence under Part 2 of the Food and Environment Protection Act 1985; or
ii
by virtue of an order under section 7 of that Act, does not require such a licence;
c
the disposal of agricultural waste in or on land under an authorisation under regulation 18 of the Groundwater Regulations 1998.
4
In subsection (4) for “the controls imposed by waste management licences” substitute “the prohibitions in subsection (1)”.
5
In subsection (6) omit the words “or any condition of a waste management licence”.
6
After subsection (10), add—
11
For the purposes of subsection (1)(a) above, the deposit of waste in or on land includes any listed operation involving such a deposit.
12
For the purposes of subsection (1)(c) above, treating, keeping or disposing of controlled waste includes submitting it to any listed operation.
13
For the purposes of this section, a “listed operation” is an operation listed in Annex IIA or IIB of Directive 2006/12/EC of the European Parliament and of the Council on waste