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