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Part IIU.K. Waste on Land

Modifications etc. (not altering text)

C1Pt. 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

Commencement Information

I1Pt. 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)

PreliminaryE+W+S

29 Preliminary.E+W+S

(1)The following provisions have effect for the interpretation of this Part.

[F1(1A)Appropriate person” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the National Assembly for Wales.]

(2)The “environment” consists of all, or any, of the following media, namely land, water and the air.

(3)Pollution of the environment” means pollution of the environment due to the release or escape (into any environmental medium) from—

(a)the land on which controlled waste [F2or extractive waste] is treated,

(b)the land on which controlled waste [F2or extractive waste] is kept,

(c)the land in or on which controlled waste [F2or extractive waste] is deposited,

(d)fixed plant by means of which controlled waste [F2or extractive waste] is treated, kept or disposed of,

of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to man or any other living organisms supported by the environment.

(4)Subsection (3) above applies in relation to mobile plant by means of which controlled waste [F3or extractive waste] is treated or disposed of as it applies to plant on land by means of which controlled waste [F3or extractive waste] is treated or disposed of.

(5)For the purposes of subsections (3) and (4) above “harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and in the case of man includes offence to any of his senses or harm to his property; and “harmless” has a corresponding meaning.

[F4(5A)In relation to controlled waste—

(a)a reference to the management of such waste is a reference to the collection, transport, recovery and disposal of such waste and includes—

(i)the supervision of such operations;

(ii)the after-care of disposal sites; and

(iii)actions taken as a broker or dealer;

(b)“collection” means the gathering of such waste, including the preliminary sorting and preliminary storage of such waste for the purposes of transport to a waste treatment facility; and

[F5(ba)“separate collection” means that waste is presented for collection, and collected, in a manner that ensures that—

(i)dry recyclable waste is kept separate from other waste;

(ii)waste from one dry waste stream is kept separate from waste in another such stream; and

(iii)food waste is kept separate from other waste;]

(c)“recovery” refers to any of the operations listed in Part III of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011, and any other operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in a plant or in the wider economy,

and cognate expressions shall be construed accordingly.]

(6)The “disposal” of waste [F6includes its disposal by way of deposit in or on land] [F6has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011] and, subject to subsection (7) below, waste is “treated” when it is subjected to any process, including making it re-usable or reclaiming substances from it and “recycle” (and cognate expressions) shall be construed accordingly.

(7)Regulations made by the Secretary of State may prescribe activities as activities which constitute the treatment of waste for the purposes of this Part or any provision of this Part prescribed in the regulations.

(8)Land” includes land covered by waters where the land is above the low water mark of ordinary spring tides and references to land on which controlled waste [F7or extractive waste] is treated, kept or deposited are references to the surface of the land (including any structure set into the surface).

(9)Mobile plant” means, [F8subject to subsection (10) below,] plant which is designed to move or be moved whether on roads or other land.

(10)[F9Regulations made by the Secretary of State may prescribe descriptions of plant which are to be treated as being, or as not being, mobile plant for the purposes of this Part.]

(11)Substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.

[F10[F11(12)The Environmental Permitting Regulations” means [F12the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)].]

(13)The following expressions have the same meaning as in [F13the Environmental Permitting Regulations]

  • “environmental permit”;

  • “exempt waste operation”;

  • [F14“extractive waste”;

  • “mining waste operation”;

  • “the Mining Waste Directive”;

  • “waste operation”.]]

Textual Amendments

F1S. 29(1A) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 51

F2Words in s. 29(3) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(2)(a)}

F3Words in s. 29(4) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(2)(b)}

F6Words in s. 29(6) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(2)(b)

F7Words in s. 29(8) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(2)(c)}

F14Words in s. 29(13) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(2)(d)}

Commencement Information

I2S. 29 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

30 Authorities for purposes of this Part.E+W+S

F15[(1)Any reference in this Part to a waste regulation authority—

(a)in relation to England F16..., is a reference to the Environment Agency; F16...

[F17(aa)in relation to Wales, is a reference to the Natural Resources Body for Wales; and]

(b)in relation to Scotland, is a reference to the Scottish Environment Protection Agency;

and any reference in this Part to the area of a waste regulation authority shall accordingly be taken as a reference to the area over which the Environment Agency [F18, the Natural Resources Body for Wales] or the Scottish Environment Protection Agency, as the case may be, exercises its functions or, in the case of any particular function, the function in question.]

(2)For the purposes of this Part the following authorities are waste disposal authorities, namely—

(a)for any non-metropolitan county in England, the county council;

(b)in Greater London, the following—

(i)for the area of a London waste disposal authority, the authority constituted as the waste disposal authority for that area;

(ii)for the City of London, the Common Council;

(iii)for any other London borough, the council of the borough;

(c)in the metropolitan county of Greater Manchester, the following—

(i)for the metropolitan district of Wigan, the district council;

(ii)for all other areas in the county, the authority constituted as the Greater Manchester Waste Disposal Authority;

(d)for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;

(e)for any district in any other metropolitan county in England, the council of the district;

F19[(f)for any county or county borough in Wales, the council of the county or county borough;]

(g)in Scotland, [F20a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(3)For the purposes of this Part the following authorities are waste collection authorities—

(a)for any district in England F21. . . not within Greater London, the council of the district;

(b)in Greater London, the following—

(i)for any London borough, the council of the borough;

(ii)for the City of London, the Common Council;

(iii)for the Temples, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple respectively;

F22[(bb)for any county or county borough in Wales, the council of the county or county borough;]

(c)in Scotland, [F23a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(4)In this section references to particular authorities having been constituted as waste disposal F24. . . are references to their having been so constituted by the M1Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the M2Local Government Act 1985 and the reference to London waste disposal authorities is a reference to the authorities named in Parts I, II, III, IV and V of Schedule 1 to that Order and this section has effect subject to any order made under the said section 10 F25. . ..

[F26(4A)In this Part—

  • English waste collection authority” means a waste collection authority whose area is in England;

  • English waste disposal authority” means a waste disposal authority whose area is in England.]

(5)[F27In this Part “waste disposal contractor” means a person who in the course of a business collects, keeps, treats or disposes of waste, being either—

(a)a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or

(b)either a company formed for all or any of those purposes by other persons or a partnership or an individual;

and “company[F28means a company as defined in section 1(1) of the Companies Act 2006] and “formed”, in relation to a company formed by other persons, includes the [F29alteration of the company's articles so as to add, remove or alter a statement of the company's objects].]

F30(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15S. 30(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 62(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F20Words in s. 30(2)(g) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 167(3) (with s. 128(8)); S.I. 1996/323, art.4(1)(c)

F23Words in s. 30(3)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 167(3) (with s. 128(8)); S.I. 1996/323, art.4(1)(c)

F24In s. 30(4) words "or regulation" cease to have effect (1.4.1996) by virtue of 1995 c. 25, s. 120(1), Sch. 22 para. 62(3)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 and by s. 120(3), Sch. 24 of that 1995 Act commenced by S.I. 1996/186, art. 3 words "or regulation authorities" are repealed (1.4.1996)

F25Words in s. 30(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 62(3)(b), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F26S. 30(4A) inserted (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(2), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a)

F27S. 30(5) repealed (E.W.) (18.10.2005 for E. and 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 47, 107, 108, Sch. 5 Pt. 4; S.I. 2005/2896, art. 3(g)(k) (with art. 6 (as amended (1.4.2006) by S.I. 2006/1002, art. 2)); S.I. 2006/768, art. 2(a)(d) (with art. 5 (as amended (17.10.2006) by S.I. 2006/2797, art. 11))

F28Words in s. 30(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 120(a)} (with art. 10)

F29Words in s. 30(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), {Sch. 1 para. 120(b)} (with art. 10)

F30S. 30(6)(7)(8) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 62(4), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Commencement Information

I3S. 30 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Marginal Citations

F3131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

32 Transition to waste disposal companies etc.E+W

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32S. 32 repealed (18.10.2005 for E. and 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 47, 107, 108, Sch. 5 Pt. 4; S.I. 2005/2896, art. 3(g)(k) (with art. 6 (as amended (1.4.2006) by S.I. 2006/1002, art. 2)); S.I. 2006/768, art. 2(a)(d) (with art. 5 (as amended (17.10.2006) by S.I. 2006/2797, art. 11))

Prohibition on unauthorised or harmful depositing, treatment or disposal of wasteE+W+S

33 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.E+W

(1)Subject to [F33subsections (1A), (1B), (2) and (3) below] and, in relation to Scotland, to section 54 below, a person shall not—

(a)deposit controlled waste [F34or extractive waste], or knowingly cause or knowingly permit controlled waste [F34or extractive waste] to be deposited in or on any land unless [F35an environmental permit] authorising the deposit is in force and the deposit is in accordance with the licence;

[F36(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.]

(c)treat, keep or dispose of controlled waste [F37or extractive waste] in a manner likely to cause pollution of the environment or harm to human health.

[F38(1A)Paragraphs (a) and (b) of subsection (1) above do not apply in relation to a waste operation that is an exempt waste operation.

[F39(1B)Subsection (1) does not apply in relation to any part of a waste operation that—

(a)is the subject of a marine licence under the Marine and Coastal Access Act 2009; or

(b)does not require such a licence by virtue of any provision made by or under section 74, 75 or 77 of that Act and does not involve the dismantling of a ship that is waste.]]

[F40(2)Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.

(2A)Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.]

(3)Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.

(4)The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from [F41the prohibitions in subsection (1)]

(a)any deposits which are small enough or of such a temporary nature that they may be so excluded;

(b)any means of treatment or disposal which are innocuous enough to be so excluded;

(c)cases for which adequate controls are provided by another enactment than this section.

(5)Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.

(6)A person who contravenes subsection (1) above F42. . . commits an offence.

(7)It shall be a defence for a person charged with an offence under this section to prove—

(a)that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or

(b)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44[(c)that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—

(i)he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and

(ii)particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.]

[F45(8)A person who commits an offence under this section is liable—

(a)[F46Subject to subsection (9) below,] on summary conviction, to imprisonment for a term not exceeding [F47the general limit in a magistrates’ court] or [F48a fine] or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.]

F49[F50(9)A person (other than an establishment or undertaking) who commits a relevant offence shall be liable [F51on summary conviction, or on conviction on indictment, to a fine].

(10)In this section, “relevant offence” means an offence under this section in respect of a contravention of subsection (1)(c) above consisting of the treatment, keeping or disposal within the curtillage of a domestic property of household waste from that property.]

(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 I or II of [F52the Waste Framework Directive].

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F34Words in s. 33(1) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales (Amendment) Regulations (S.I. 2009/1799), reg. 28(1), Sch. 2 para. 1(3) (with reg. 28(2))

F37Words in s. 33(1) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28(1), {Sch. 2 para. 1(3)}

F40S. 33(2)(2A) substituted (E.W.) (15.5.2006) for s. 33(2) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(2)(a)

F44S. 33(7)(c) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 64 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F45S. 33(8) substituted (E.W.) (7.6.2005) for s. 33(8)(9) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 41(1), 108(4)(g) (with s. 41(2)(3))

F49By The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1, 71 (with reg. 75), it is provided that in s. 33(9) the words "hazardous waste" shall be substituted (E.W.) (16.7.2005) for the words "special waste"

Modifications etc. (not altering text)

C4S. 33 restricted (E.) (13.4.2001) by S.I. 2001/1478, reg. 3(b)

C8S. 33(1)(a)-(c) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 9(3)-(5)

S. 33(1)(a)-(c) excluded (1.5.1994) by S.I. 1994/1056, reg. 16

C9S. 33(1)(a)(b) excluded (1.5.1994) by S.I. 1994/1056, reg. 17

S. 33(1)(a)(b) modified (27.7.1999) by 1999 c. 24, s. 4(6)(8)

S. 33(1)(a)(b) excluded (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 13

C11S. 33(5) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 9(3)

C12S. 33(6) restricted (27.7.1999) by 1999 c. 24, s. 4(7)(8)

Commencement Information

I4S. 33 not in force at Royal Assent, see s. 164(3); s. 33(3)(4) in force at 13.12.1991, s. 33(1)(c) in force at 1.4.1992 and s. 33(2)(6)-(9) in force for certain purposes at 1.4.1992 by S.I. 1991/2829, arts. 2, 4; s. 33 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

33 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.S

(1)Subject to subsection (2) [F380, (2B)] and (3) below F381... a person shall not—

(a)deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence;

(b)treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of—

(i)in or on any land, or

(ii)by means of any mobile plant,

except under and in accordance with a waste management licence;

(c)[F382keep or manage] controlled waste in a manner likely to cause pollution of the environment or harm to human health.

[F383(2)Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling.

(2A)Subsection (2) above does not extend to the treatment, keeping or disposal of household waste by an establishment or undertaking.]

[F384(2B)Paragraphs (a) and (b) of subsection (1) above do not apply to the deposit or keeping of a waste portable battery or accumulator at a collection point set up to comply with Article 8(1)(a) of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators [F385as last amended by Directive (EU) 2018/849 of the European Parliament and of the Council] (in this section, “the Batteries Directive”).

(2C)In subsection (2B) above, “portable battery or accumulator” has the meaning given by Article 3(3) of the Batteries Directive, but does not include any battery or accumulator excluded from the scope of that Directive by Article 2(2).]

[F386(2D)When interpreting the Batteries Directive for the purposes of this section, Article 2(2) is to be read as though for the words “Member States'” there were substituted “the United Kingdom's”.]

(3)Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.

(4)The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the controls imposed by waste management licences—

(a)any deposits which are small enough or of such a temporary nature that they may be so excluded;

(b)any means of treatment or disposal which are innocuous enough to be so excluded;

(c)cases for which adequate controls are provided by another enactment than this section.

(5)Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.

(6)A person who contravenes subsection (1) above or any condition of a waste management licence commits an offence.

(7)It shall be a defence for a person charged with an offence under this section to prove—

(a)that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or

(b)that he acted under instructions from his employer and neither knew nor had reason to suppose that the acts done by him constituted a contravention of subsection (1) above; or

F387[(c)that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—

(i)he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and

(ii)particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.]

(8)Except in a case falling within subsection (9) [F388or (10)] below, a person who commits an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding [F389£40,000] or both; and

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

(9)A person who commits an offence under this section in relation to special waste [F390(other than household waste of the description specified in subsection (10) below)] shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding [F389£40,000] or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.

[F391(10)A person who commits an offence under subsection (1)(c) above in relation to household waste from a domestic property within the curtilage of the dwelling shall be liable–

(a)on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.]

[F392(11)In subsection (4)(c) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

Extent Information

E11This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F380Words in s. 33(1) inserted (S.) (6.7.2009) by The Waste Batteries (Scotland) Regulations (S.S.I. 2009/247), {reg. 3(2)}

F381Words in s. 33(1) repealed (1.4.2015 for S.) by Environment Act 1995 (c. 25), s. 125(3), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2015/73, art. 2(2)(a)

F382Words in s. 33(1)(c) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(3)

F383S. 33(2)(2A) substituted (S.) (21.1.2005) for s. 33(2) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1(1), 3(2)(a)

F384S. 33(2B)(2C) inserted (S.) (6.7.2009) by The Waste Batteries (Scotland) Regulations (S.S.I. 2009/247), {reg. 3(3)}

F387S. 33(7)(c) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 64 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F388Words in s. 33(8) inserted (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1(1), 3(2)(b)

F390Words in s. 33(9) inserted (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1(1), 3(2)(c)

Modifications etc. (not altering text)

C52S. 33 restricted (E.) (13.4.2001) by S.I. 2001/1478, reg. 3(b)

C53S. 33(1)(a)-(c) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 9(3)-(5)

S. 33(1)(a)-(c) excluded (1.5.1994) by S.I. 1994/1056, reg. 16

C54S. 33(1)(a)(b) excluded (1.5.1994) by S.I. 1994/1056, reg. 17

S. 33(1)(a)(b) modified (27.7.1999) by 1999 c. 24, s. 4(6)(8)

C55S. 33(5) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 9(3)

C56S. 33(6) restricted (27.7.1999) by 1999 c. 24, s. 4(7)(8)

Commencement Information

I34S. 33 not in force at Royal Assent, see s. 164(3); s. 33(3)(4) in force at 13.12.1991, s. 33(1)(c) in force at 1.4.1992 and s. 33(2)(6)-(9) in force for certain purposes at 1.4.1992 by S.I. 1991/2829, arts. 2, 4; s. 33 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

[F5333ZAFixed penalty notices for contravention of section 33(1)(a): EnglandE+W+S

(1)Where an authorised officer of an English waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence.

(2)In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a) of that section.

(3)A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty.

(4)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice; and

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state—

(a)the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence;

(b)the amount of the fixed penalty; and

(c)the person to whom and the address at which the fixed penalty may be paid.

(6)If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address.

(7)It is an offence to—

(a)fail to give a name or address when required to do so under subsection (6), or

(b)give a false or inaccurate name or address in response to a requirement under that subsection.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)The fixed penalty payable in pursuance of a notice under this section—

(a)is an amount not less than £150 and not more than [F54£1000], as specified by the English waste collection authority whose authorised officer gave the notice, or

(b)if no amount is specified by that authority, is £200.

(10)An English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of [F55a period specified by the authority.]

[F56(10A)The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (9) and (10).]

(11)In any proceedings a certificate which—

(a)purports to be signed by or on behalf of the chief finance officer of an English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and

(b)states that the payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(12)In this section—

  • “authorised officer”, in relation to an English waste collection authority, means—

    (a)

    an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;

    (b)

    a person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;

    (c)

    an employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

  • “chief finance officer”, in relation to an English waste collection authority, means the person having responsibility for the financial affairs of the authority;

  • F57...]

[F5833ZBFixed penalty notices for contravention of section 33(1)(a): WalesE+W

(1)Where an authorised officer of a Welsh waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence.

(2)In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a) of that section.

(3)A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty.

(4)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice, and

(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state—

(a)the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence,

(b)the amount of the fixed penalty, and

(c)the person to whom and the address at which the fixed penalty may be paid.

(6)If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address.

(7)It is an offence to—

(a)fail to give a name or address when required to do so under subsection (6), or

(b)give a false or inaccurate name or address in response to a requirement under that subsection.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)The fixed penalty payable in pursuance of a notice under this section—

(a)is an amount not less than £150 and not more than £400, as specified by the Welsh waste collection authority whose authorised officer gave the notice, or

(b)if no amount is specified by that authority, is £200.

(10)A Welsh waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of the period of 10 days following the date of the notice.

(11)In any proceedings, a certificate which—

(a)purports to be signed by or on behalf of the chief finance officer of a Welsh waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and

(b)states that the payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(12)In this section—

  • “authorised officer” in relation to a Welsh waste collection authority, means—

    (a)

    an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;

    (b)

    a person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;

    (c)

    an employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

  • “chief finance officer”, in relation to a Welsh waste collection authority, means the person having responsibility for the financial affairs of the authority;

  • “Welsh waste collection authority” means a waste collection authority whose area is in Wales.]

[F5933A Section 33 offences: investigation and enforcement costsE+W

[F60(1)This section applies where a person is convicted of an offence—

(a)under section 33 above, in respect of a contravention of subsection (1) of that section;

(b)under [F61regulation 38(1) of the Environmental Permitting Regulations], in respect of a waste operation[F62 or a mining waste operation].]

(2)The court by or before which the offender is convicted may make an order requiring him to pay to an enforcement authority a sum which appears to the court not to exceed the costs arising from—

(a)investigations of the enforcement authority which resulted in the conviction; and

(b)the seizure by the enforcement authority under section 34B below of a vehicle involved in the offence.

(3)The costs arising from the seizure of a vehicle as specified in subsection (2)(b) above may include the cost of disposing of the contents of the vehicle.

(4)The power of a court to make an order under this section is in addition to its power to make an order under section 18 of the Prosecution of Offences Act 1985 (award of costs against accused).

(5)In this section “enforcement authority” means the Environment Agency [F63, the Natural Resources Body for Wales] or a waste collection authority.]

Textual Amendments

F62Words in s. 33A(1) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(4)}

Modifications etc. (not altering text)

[F39333AFixed penalty notices for contraventions of section 33(1)(a) and (c): ScotlandS

(1)Where—

(a)an authorised [F394person or a constable] has reason to believe that a person has committed a relevant offence F395 ...

(b)F395 ...

he may give that person a notice under this section in respect of the offence.

(2)In subsection (1) above, “relevant offence” means an offence under section 33 above in respect of a contravention of subsection (1)(a) or (c) of that section.

(3)A notice under this section is a notice offering the opportunity, by paying a fixed penalty, of discharging any liability to conviction for the offence to which it relates.

(4)Where—

(a)a constable; F396...

F396. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

gives a notice under this section to a person, he shall, no later than 24 hours after the giving of the notice, send a copy of it to the local authority in whose area the offence was committed.

(5)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and

(b)he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

(6)A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and shall state—

(a)the period during which, by virtue of subsection (5)(a) above, proceedings will not be taken for the offence;

(b)the amount of the fixed penalty; and

(c)the person to whom and the address at which the fixed penalty may be paid;

and without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

(7)Where a letter is sent in accordance with subsection (6) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(8)The form of notices under this section shall be such as the Scottish Ministers may by order prescribe.

[F397(8A)If an authorised person proposes to give a person a notice under this section, the authorised person may require the person to give him his name and address.]

[F397(8B)A person commits an offence if he fails to give his name and address when required to do so under subsection (8A) above.]

[F397(8C)A person who commits an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(9)The fixed penalty payable in pursuance of a notice under this section shall, subject to subsection (10) below, be [F398£500].

(10)The Scottish Ministers may by order substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified as the amount of the fixed penalty in subsection (9) above.

(11)In any proceedings a certificate which—

(a)purports to be signed by or on behalf of [F399a proper officer ]; and

(b)states that the payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

[F400(11A)In subsection (11) above, “proper officer” means—

(a)in a case where a notice under this section is given by an officer of a local authority authorised as mentioned in paragraph (a) of the definition of “authorised person” in subsection (13) below, the officer who has, as respects the authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration);

(b)in a case where a notice under this section is given by an officer of Loch Lomond and The Trossachs National Park Authority authorised as mentioned in paragraph (b) of that definition, the proper officer for that Authority appointed under paragraph 12(3) of schedule 2 to the National Parks (Scotland) Act 2000.]

(12)A fixed penalty payable in pursuance of a notice under this section shall be payable—

(a)[F401in a case such as is mentioned in paragraph (a) of subsection (11A) above,] to the local authority in whose area the offence was committed; and as respects the sums received by a local authority, those sums shall [F402accrue to that authority].

[F403(b)in a case such as is mentioned in paragraph (b) of that subsection, to Loch Lomond and The Trossachs National Park Authority; and as respects the sums received by that Authority, those sums shall accrue to that Authority.]

(13)In this section—

  • [F404“authorised person ” means

    (a)

    an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area of the authority;

    (b)

    an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to a relevant offence committed in the area designated as the National Park for which the Authority is established; or

    (c)

    such other persons as may be specified by order made by the Scottish Ministers.]

  • local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and “area”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;

  • F405...

[F406(13A)The Scottish Ministers may by order make such modifications of this section as they consider necessary or expedient in connection with the specification of a person by an order under paragraph (c) of the definition of “authorised person” in subsection (13) above.

[F406(13B)An order under subsection (13A) above may include provision—

(a)applying any provision of this section to such a person with such modifications as may be specified in the order;

(b)for any such provision not to apply in relation to such a person.]]]

Textual Amendments

F398Sum in s. 33A(9) substituted (S.) (1.1.2024) by The Fly-tipping (Fixed Penalty) (Scotland) Order 2023 (S.S.I. 2023/335), arts. 1, 2

Modifications etc. (not altering text)

[F6433BSection 33 offences: clean-up costsE+W

[F65(1)This section applies where a person is convicted of an offence—

(a)under section 33 above, in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste [F66or extractive waste];

(b)under [F67regulation 38(1) of the Environmental Permitting Regulations], in respect of a contravention of regulation 12 of those Regulations consisting of the disposal of waste.]

(2)The reference in [F68section 133(a) of the Sentencing Code] (compensation orders) to loss or damage resulting from the offence includes costs incurred or to be incurred by a relevant person in—

(a)removing the waste deposited or disposed of in or on the land;

(b)taking other steps to eliminate or reduce the consequences of the deposit or disposal; or

(c)both.

(3)In subsection (2) above “relevant person” means—

(a)the Environment Agency;

[F69(aa)the Natural Resources Body for Wales;]

(b)a waste collection authority;

(c)the occupier of the land;

(d)the owner of the land (within the meaning of section 78A(9) below).

(4)The reference in subsection (2) above to costs incurred does not, in the case of the Environment Agency [F70, the Natural Resources Body for Wales] or a waste collection authority, include any costs which the Agency [F71, Body] or authority has already recovered under section 59(8) below.

(5)[F72Subject to subsection (6) below,] in relation to the costs referred to in subsection (2) above, [F73a reference in section 139(2) or (3) of the Sentencing Code] (limit on amount payable) to £5000 is instead to be construed as a reference to the amount of those costs (or, if the costs have not yet been incurred, the likely amount).

[F74(6)Subsection (5) above does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.]]

Textual Amendments

F66Words in s. 33B inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, {Sch. 2 para. 1(5)}

Modifications etc. (not altering text)

[F7533CSection 33 offences: forfeiture of vehiclesE+W

[F76(1)This section applies where—

(a)subject to subsection (1A) below, a person is convicted of an offence under section 33 above in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste;

(b)a person is convicted of an offence under [F77regulation 38(1) of the Environmental Permitting Regulations] in respect of a contravention of regulation 12 of those Regulations consisting of the disposal of waste.]

[F78(1A)This section does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.]

(2)The court by or before which the offender is convicted may make an order under this section if—

(a)the court is satisfied that a vehicle was used in or for the purposes of the commission of the offence; and

(b)at the time of his conviction the offender has rights in the vehicle.

(3)An order under this section operates to deprive the offender of his rights in the vehicle (including its fuel) at the time of his conviction and to vest those rights in the relevant enforcement authority.

(4)In a case where a vehicle has been seized under section 34B below and the offender retains rights in any of the vehicle's contents, an order under this section may, if and to the extent that it so specifies, deprive the offender of those rights and vest them in the relevant enforcement authority.

(5)Where an order under this section is made, the relevant enforcement authority may take possession of the vehicle (if it has not already done so under section 34C below).

(6)The court may make an order under this section whether or not it also deals with the offender in any other way in respect of the offence of which he is convicted.

(7)In considering whether to make an order under this section a court must in particular have regard to—

(a)the value of the vehicle;

(b)the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making);

(c)the offender's need to use the vehicle for lawful purposes;

(d)whether, in a case where it appears to the court that the offender is engaged in a business which consists wholly or partly in activities which are unlawful by virtue of section 33 above, [F79or [F80regulation 38(1) or (2) of the Environmental Permitting Regulations],] the making of the order is likely to inhibit the offender from engaging in further such activities.

(8)[F81Section 153 of the Sentencing Code] (power to deprive offender of property) does not apply in any case where this section applies.

(9)For the purposes of this section, where a vehicle or its contents have been seized under section 34B below in connection with the offence referred to in subsection (1) above, any transfer by the offender after the seizure and before his conviction of any of his rights in the vehicle or its contents is of no effect.

(10)In this section—

  • relevant enforcement authority” means—

    (a)

    the Environment Agency, where the proceedings in respect of the offence have been brought by or on behalf of the Agency,F82...

    (aa)

    [F83the Natural Resources Body for Wales, where the proceedings in respect of the offence have been brought by or on behalf of that Body, or]

    (b)

    in any other case, the waste collection authority in whose area the offence was committed;

  • vehicle” means any motor vehicle or trailer within the meaning of the Road Traffic Regulation Act 1984 or any mobile plant.]

Textual Amendments

Modifications etc. (not altering text)

Duty of care etc. as respects wasteE+W+S

34 Duty of care etc. as respects waste.E+W

(1)Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, [F84as a dealer or broker] , has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—

(a)to prevent any contravention by any other person of section 33 above;

[F85[F86(aa)to prevent any contravention by any other person of regulation 12 of [F87the Environmental Permitting Regulations] or of a condition of an environmental permit;]]

(b)to prevent the escape of the waste from his control or that of any other person; and

(c)on the transfer of the waste, to secure—

(i)that the transfer is only to an authorised person or to a person for authorised transport purposes; and

(ii)that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section [F88or regulation 12 of [F89the Environmental Permitting Regulations], or a contravention of a condition of an environmental permit,] and to comply with the duty under this subsection as respects the escape of waste.

[F90(1A)It shall be the duty of any person who is responsible for the management of extractive waste to take all such measures applicable to him in that capacity as are reasonable in the circumstances —

(a)to prevent any contravention by any other person of section 33 above;

(b)to prevent any contravention by another person of regulation 12 of [F91the Environmental Permitting Regulations] or of a condition of an environmental permit; and

(c)to prevent the escape of the waste from his control or that of any other person.]

(2)The duty imposed by subsection (1) above does not apply to an occupier of domestic property as respects the household waste produced on the property.

[F92(2A)It shall be the duty of the occupier of any domestic property in England [F93or Wales] to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.]

(3)The following are authorised persons for the [F94purposes of subsections (1)(c) and (2A)] above—

(a)any authority which is a waste collection authority for the purposes of this Part;

(b)any person who is the holder of a waste management licence under section 35 below or of a disposal licence under section 5 of the Control M3of Pollution Act 1974;

(c)any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section [F95or by virtue of regulations under section 2 of the Pollution Prevention and Control Act 1999] ;

(d)any person registered as a carrier of controlled waste under section 2 of M4 the Control of Pollution (Amendment) Act 1989;

(e)any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and

(f)a waste disposal authority in Scotland.

F96[(3A)The Secretary of State may by regulations amend subsection (3) above so as to add, whether generally or in such circumstances as may be prescribed in the regulations, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of [F97subsections (1)(c) and (2A)] above.]

(4)The following are authorised transport purposes for the purposes of [F98subsections (1)(c) and (2A)] above—

(a)the transport of controlled waste within the same premises between different places in those premises;

(b)the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and

(c)the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain;

and “transport” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989.

F99[(4A)For the purposes of subsection (1)(c)(ii) above—

(a)a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and

(b)a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.]

(5)The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to the duty imposed by subsection (1) above as respects the making and retention of documents and the furnishing of documents or copies of documents.

(6)Any person who fails to comply with the duty imposed by subsection (1) [F100, (1A)][F101or (2A)] above or with any requirement imposed under subsection (5) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(7)The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by subsection (1) above.

(8)The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.

(9)[F102A] code of practice prepared in pursuance of subsection (7) above shall be laid

[F103(a)]before both Houses of Parliament [F104; or

(b)if it relates only to Scotland before the Scottish Parliament.]

(10)A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(11)Different codes of practice may be prepared and issued under subsection (7) above for different areas.

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F85S. 34(1)(aa) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 Pt. 1 para. 4(a)

F86S. 34(1)(aa) substituted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21, para. 8(2) (with reg. 72, Sch. 4)

F88Words in s. 34(1)(c)(ii) substituted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21, para. 8(3) (with reg. 72, Sch. 4)

F90S. 34(1A) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, Sch. 2 para. 1(6)(a)

F96S. 34(3A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 65 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F99S. 34(4A) inserted (retrospectively) by 1994 c. 40, s. 33(1) (with s. 33(2))

F100Words in s. 34(6) inserted (E.W.) (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations (S.I. 2009/1799), reg. 28, Sch. 2 para. 1(6)(b)

F102Word in s. 34(9) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(a)

F103S. 34(9): “(a)” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(b)

F104S. 34(9)(b) and the word “or” immediately preceding it inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(c)

Modifications etc. (not altering text)

C13S. 34 restricted (E.) (13.4.2001) by S.I. 2001/1478, reg. 3(b)

C14S. 34(1)(c) extended (27.7.1999) by 1999 c. 24, s. 4(6)(e)(8)

Commencement Information

I5S. 34 wholly in force at 1.4.1992; s.34 not in force at Royal Assent see s. 164(3); s. 34(5)(7)-(9)(11) in force at 13.12.1991; s. 34(1)-(4)(6)(10) in force at 1.4.1992 by S.I. 1991/2829, arts. 2, 4

Marginal Citations

34 Duty of care etc. as respects waste.S

(1)Subject to subsection (2) below, it shall be the duty of any person who imports, produces, [F407keeps or manages] controlled waste or, as a broker [F408or dealer] , has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—

(a)to prevent any contravention by any other person of section 33 above;

[F409(aa)to prevent a contravention by any other person of regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012, or of a condition of a permit granted under those Regulations;]

[F410(ab)to prevent any contravention by any other person of subsection (2A), (2E), (2F), (2I) or (2K);]

(b)to prevent the escape of the waste from his control or that of any other person; F411...

[F412(ba)on the transfer of any waste oil, to ensure that [F413it is collected separately from other types of waste so as to facilitate a specific treatment,] [F414unless doing so is not technically feasible, taking into account good practices]; and]

(c)on the transfer of the waste, to secure—

(i)that the transfer is only to an authorised person or to a person for authorised transport purposes; and

(ii)that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section [F415or any condition of a permit granted under regulation 7 of those Regulations]and to comply with the duty under this subsection as respects the escape of waste.

[F416(2)An occupier of domestic property–

(a)shall, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes; and

(b)shall not otherwise be subject to the duty imposed by subsection (1) above.]

[F417(2A)It shall be the duty of any person who produces, keeps or manages controlled waste, or as a broker or dealer has control of such waste, to take all such measures available to that person as are reasonable in the circumstances to apply the waste hierarchy set out in Article 4(1) of the [F418Waste Framework Directive].

(2B)The duty in subsection (2A)—

(a)may be departed from where this is justified having regard to the overall impacts of the generation and management of such waste; and

(b)does not apply to an occupier of domestic property as respects the household waste produced on the property.

(2C)The Scottish Ministers may give guidance on the discharge of the duty in subsection (2A), including the circumstances in which that duty may be departed from under subsection (2B)(a).

(2D)A person seeking to discharge the duty in subsection (2A) must, in doing so, have regard to any guidance given under subsection (2C).]

[F419(2E)It shall, from 1st January 2014, be the duty of any person who produces controlled waste (other than an occupier of domestic property as respects household waste produced on the property) to take all reasonable steps to ensure the separate collection of dry recyclable waste.

(2F)It shall, from 1st January 2014, be the duty of any person who controls or manages a food business that produces controlled waste to take all reasonable steps to ensure the separate collection of food waste produced by the business.

(2G)The duty in subsection (2F) does not apply to food waste—

(a)produced on premises in a rural area;

(b)produced in the period beginning on 1st January 2014 and ending on 31st December 2015—

(i)on premises in use as a hospital (as defined in section 108 of the National Health Service (Scotland) Act 1978); or

(ii)by a business that produces less than 50 kilograms of food waste a week;

(c)produced, on or after 1st January 2016, by a business that produces less than 5 kilograms of food waste a week;

(d)that includes catering waste that originates from means of transport operating internationally.

(2H)The duty in subsection (2F) may be departed from where food waste is mixed with other biodegradable waste to the extent that the mixed waste is presented for collection in a manner that ensures that the amount of food waste collected is not significantly less than would be the case were the wastes not mixed.

(2I)It shall be the duty of any person who transports controlled waste to collect and transport separately from other waste any waste presented—

(a)for collection in accordance with subsection (2E) or (2F);

(b)for collection in a receptacle provided under an arrangement made in accordance with section 45C(2) or (5).

(2J)The duties in subsection (2E) or (2I) may be departed from where dry recyclable waste is managed in such a manner as will ensure that—

[F420(a)the output is of comparable quantity and quality to that achieved through separate collection, and]

(b)the waste is not mixed with other waste that cannot be recycled.

(2K)It shall, from 1st January 2016, be the duty of any person who produces food waste (other than an occupier of domestic property as respects household waste, or an occupier of property in a rural area as respects food waste, produced on such properties) to ensure that food waste is not deposited in a public drain or sewer, or in a drain or sewer that connects to a public drain or sewer.

(2L)It shall be the duty of any person who produces or manages controlled waste, or who as a broker or dealer has control of such waste, to take all reasonable steps to—

(a)ensure that the waste meets any quality standard for the management of material included in the waste;

(b)ensure that the waste is managed in a manner that promotes high quality recycling; and

(c)prevent any contravention by another person of this subsection.]

(3)The following are authorised persons for the purpose of subsection (1)(c) above—

(a)any authority which is a waste collection authority for the purposes of this Part;

(b)any person who is the holder of a waste management licence under section 35 below F421...;

(c)any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section;

(d)any person registered as a carrier of controlled waste under section 2 of M4 the Control of Pollution (Amendment) Act 1989;

(e)any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and

(f)a waste disposal authority in Scotland.

F96[(3A)The Secretary of State may by regulations amend subsection (3) above so as to add, whether generally or in such circumstances as may be prescribed in the regulations, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of subsection (1)(c) above.]

(4)The following are authorised transport purposes for the purposes of subsection (1)(c) above—

(a)the transport of controlled waste within the same premises between different places in those premises;

(b)the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and

(c)the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain;

and “transport” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989.

[F422(4A)For the purposes of subsection (1)(c)(ii) above—

(a)a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and

(b)a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.]

[F423(4AB)In subsection (1)(c), a reference to a written description of the waste includes a description that is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.]

[F424(4B)In this section—

  • [F425“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or any other public authority;

  • “drain”, “public drain”, “public sewer” and “sewer” have the same meanings as in section 59 of the Sewerage (Scotland) Act 1968;

  • “food business” means an undertaking, whether for profit or not, and whether public or private, carrying out any activity related to the processing, distribution, preparation or sale of food;

  • “rural area” means a remote small town, accessible rural area or remote rural area as described by reference to postcode units in table 2 of “Defining Rural Areas and Non-Rural Areas to support Zero Waste Policies”, published by the Scottish Government on 13th March 2012;]

  • “waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oil and gearbox oil, lubricating oil, oil for turbines and hydraulic oil.]

(5)The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to [F426a duty imposed by subsection (1), (2E), (2F), (2I), (2K) or (2L)] above as respects the making and retention of documents and the furnishing of documents or copies of documents.

(6)Any person who fails [F427without reasonable excuse] to comply with the [F428duties imposed by subsections (1) [F429, (2A), (2E), (2F), (2I), (2K) or (2L)]] above or with any requirement imposed under subsection (5) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(7)The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the [F430duty imposed on them by subsection (1), (2E), (2F), (2I), (2K) or (2L)].

(8)The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.

(9)[F102A] code of practice prepared in pursuance of subsection (7) above shall be laid

[F103(a)]before both Houses of Parliament [F104; or

(b)if it relates only to Scotland before the Scottish Parliament.]

(10)A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(11)Different codes of practice may be prepared and issued under subsection (7) above for different areas.

Extent Information

E12This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F96S. 34(3A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 65 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F102Word in s. 34(9) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(a)

F103S. 34(9): “(a)” inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(b)

F104S. 34(9)(b) and the word “or” immediately preceding it inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 102(2)(c)

F407Words in s. 34(1) substituted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(3)(a)(i)

F411Word in s. 34(1) omitted (S.) (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(4)(a)(ii)

F413Words in s. 34(1)(ba) substituted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(3)(a)(iii)

F415Words in s. 34(1)(c)(ii) inserted after the words “that section” (S.) (28.9.2000) by S.S.I. 2000/323, reg. 36, Sch. 10 Pt. 1 para. 3(3)(b)

F422S. 34(4A) inserted (retrospectively) by 1994 c. 40, s. 33(1) (with s. 33(2))

F425Words in s. 34(4B) substituted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(3)(d)

F426Words in s. 34(5) substituted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(3)(e)

F428Words in s. 34(6) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(4)(d)

F429Words in s. 34(6) substituted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(3)(f)(ii)

F430Words in s. 34(7) substituted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(3)(g)

Modifications etc. (not altering text)

C14S. 34(1)(c) extended (27.7.1999) by 1999 c. 24, s. 4(6)(e)(8)

Commencement Information

I5S. 34 wholly in force at 1.4.1992; s.34 not in force at Royal Assent see s. 164(3); s. 34(5)(7)-(9)(11) in force at 13.12.1991; s. 34(1)-(4)(6)(10) in force at 1.4.1992 by S.I. 1991/2829, arts. 2, 4

Marginal Citations

[F10534ZA.Fixed penalty notices: offences under section 34(6) relating to section 34(2A): EnglandE+W

(1)This section applies where it appears to an enforcement authority in England that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in England.

(2)The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.

(3)An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.

(4)Where a waste collection authority (A) gives a notice to a person under subsection (2), A must, at the time of giving the notice—

(a)give the Environment Agency a copy of the notice; and

(b)where it appears to A that the failure to comply with the duty in section 34(2A) took place in the area of another waste collection authority (B), give B a copy of the notice.

(5)Where the Environment Agency gives a notice to a person under subsection (2), the Agency must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.

(6)Where a person is given a notice under subsection (2) in respect of an offence—

(a)no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and

(b)the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(7)The fixed penalty payable to an enforcement authority under this section is—

(a)the amount specified by the authority in respect of the offence; or

(b)if no amount is specified by the authority, £200.

(8)The amount specified by an authority in respect of the offence under subsection (7)(a) must not be less than £150 or more than [F106£600].

(9)The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount of not less than £120 is paid [F107before the end of a period specified by the authority.]

[F108(9A)The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (7)(b), (8) and (9).]

(10)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(11)A notice under this section must also—

(a)state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);

(b)state the period during which, by virtue of subsection (6)(b), payment of the fixed penalty will discharge any liability to conviction for the offence;

(c)state the amount of the fixed penalty;

(d)state any lesser amount payment of which, by virtue of subsection (9), is treated as payment of the fixed penalty, and the period for payment of the lesser amount;

(e)state the permissible methods of payment;

(f)explain that—

(i)the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer; and

(ii)the person is entitled to make representations to the authority about the allegations contained in the notice;

(g)state the address to which the person may send any representations;

(h)explain that, by virtue of subsection (3), an authority may not give a person a notice under this section if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence;

(i)state which other enforcement authorities the authority has sent a copy of the notice to in accordance with subsections (4) and (5).

(12)An enforcement authority may authorise in writing a person (an “authorised officer”) to give a notice under this section on its behalf.

(13)An authorised officer may require an occupier of domestic property to give the occupier’s name and address if the officer proposes to give the occupier a fixed penalty notice.

(14)A person commits an offence if the person—

(a)fails to give a name or address when required to do so under subsection (13), or

(b)gives a false or inaccurate name or address in response to a requirement under that subsection.

(15)A person guilty of an offence under subsection (14) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(16)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of the enforcement authority; and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(17)In this section—

  • “chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;

  • “enforcement authority in England” means the Environment Agency or a waste collection authority in England.]

[F10934ZB.Fixed penalty notices: offences under section 34(6) relating to section 34(2A): WalesE.W.

(1)This section applies where it appears to an enforcement authority in Wales that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in Wales.

(2)The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.

(3)An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.

(4)Where a waste collection authority (A) gives a notice to a person under subsection (2) in relation to a failure to comply with the duty in section 34(2A) that took place in the area of another waste collection authority (B), A must, at the time of giving the notice, give a copy of the notice to B.

(5)Where the Natural Resources Body for Wales gives a notice to a person under subsection (2), the Body must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.

(6)Where a person is given a notice under subsection (2) in respect of an offence—

(a)no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and

(b)the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(7)The fixed penalty payable to an enforcement authority under this section is £300.

(8)An enforcement authority may make provision in a notice given under subsection (2) for treating the fixed penalty as having been paid if a lesser amount of £150 is paid before the end of the period of 10 days following the date of the notice.

(9)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(10)A notice under this section must also—

(a)state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);

(b)state the date on or before which, by virtue of subsection (6)(b), payment of the fixed penalty must be made in order to discharge any liability to conviction for the offence;

(c)state the amount of the fixed penalty;

(d)if the enforcement authority makes provision under subsection (8)—

(i)state the lesser amount, the payment of which is treated, by virtue of that subsection, as payment of the fixed penalty, and

(ii)state the date on or before which payment of the lesser amount must be made for it to be so treated;

(e)state the permissible methods of payment;

(f)state the person to whom, and the address at which, payment may be made;

(g)explain that—

(i)the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer, and

(ii)the person is entitled to make representations to the authority about the allegations contained in the notice;

(h)state the address to which the person may send any representations;

(i)explain that, by virtue of subsection (3), an authority may not give a person a notice under this section if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence;

(j)state the other enforcement authorities to which the authority has sent a copy of the notice in accordance with subsections (4) and (5).

(11)An enforcement authority may authorise in writing a person (an “authorised officer”) to give a notice under this section on its behalf.

(12)Where an authorised officer proposes to give a person a notice under subsection (2), the officer may require that person to give their name and address.

(13)A person commits an offence if the person—

(a)fails to give a name or address when required to do so under subsection (12), or

(b)gives a false or inaccurate name or address in response to a requirement under that subsection.

(14)A person guilty of an offence under subsection (13) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(15)In any proceedings a certificate which—

(a)purports to be signed by or on behalf of the chief finance officer of an enforcement authority to whom a fixed penalty is payable pursuant to a notice under this section; and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(16)In this section—

  • “chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;

  • “enforcement authority in Wales” means the Natural Resources Body for Wales or a waste collection authority in Wales.]

[F11034AFixed penalty notices for certain offences under section 34E+W

(1)This section applies where it appears to an enforcement authority that a person has failed to comply with a duty to furnish documents to that authority imposed under regulations made at any time under section 34(5) above.

(2)The authority may serve on that person a notice offering him the opportunity of discharging any liability to conviction for an offence under section 34(6) above by payment of a fixed penalty.

(3)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for that offence before expiration of the period of fourteen days following the date of the notice; and

(b)he may not be convicted of that offence if he pays the fixed penalty before the expiration of the period.

(4)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(5)A notice under this section must also state—

(a)the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence;

(b)the amount of the fixed penalty; and

(c)the person to whom and the address at which the fixed penalty may be paid.

(6)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) above at the address so mentioned.

(7)Where a letter is sent in accordance with subsection (6) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(8)The form of a notice under this section is to be such as the appropriate person may by order prescribe.

(9)The fixed penalty payable to an enforcement authority under this section is, subject to subsection (10) below, £300.

(10)The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (9) above.

(11)The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.

(12)The appropriate person may by regulations restrict the extent to which, and the circumstances in which, an enforcement authority may make provision under subsection (11) above.

(13)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of the enforcement authority, and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(14)In this section—

  • chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;

  • enforcement authority” means the Environment Agency [F111, the Natural Resources Body for Wales] or a waste collection authority.]

Textual Amendments

F110S. 34A inserted (E.W.) (16.3.2006 for certain purposes for W., 6.4.2006 for E. and 15.3.2007 in so far as not already in force for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 45, 108; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4

Modifications etc. (not altering text)

[F112Offences under sections 33 and 34: powers of seizure etcE+W

Textual Amendments

F112Ss. 34B, 34C and preceding cross-heading inserted (E.W.) (16.3.2006 for W. for specified purposes, 3.3.2015 for E. for specified purposes, 6.4.2015 in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(1), 108 (as amended (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3); S.I. 2006/768, art. 3; S.I. 2015/425, arts. 2(b), 4(1)(b)

34BPower to search and seize vehicles etcE+W

(1)This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist.

(2)The grounds in this subsection are that—

(a)a relevant offence has been committed [F113, or an offence under [F114regulation 38(1) or (2) of the Environmental Permitting Regulations] has been committed in relation to a waste operation]

(b)a vehicle was used in the commission of the offence, and

(c)proceedings for the offence have not yet been brought against any person.

(3)The grounds in this subsection are that—

(a)a relevant offence is being or is about to be committed, [F115or an offence under [F114regulation 38(1) or (2) of the Environmental Permitting Regulations] is being or is about to be committed in relation to a waste operation,] and

(b)a vehicle is being or is about to be used in the commission of the offence.

(4)The authorised officer or constable may—

(a)search the vehicle;

(b)seize the vehicle and any of its contents.

(5)In acting under subsection (4) above the authorised officer or constable may—

(a)stop the vehicle (but only a constable in uniform may stop a vehicle on any road);

(b)enter any premises for the purpose of searching or seizing the vehicle.

(6)A vehicle or its contents seized under subsection (4) above—

(a)by an authorised officer of an enforcement authority, are seized on behalf of that authority;

(b)by a constable in the presence of [F116or at the request of] an authorised officer of an enforcement authority, are seized on behalf of that authority;

(c)by a constable [F117in any other case], are seized on behalf of the waste collection authority in whose area the seizure takes place.

(7)A person commits an offence if—

(a)he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above;

(b)he otherwise intentionally obstructs an authorised officer or constable in exercising that power.

(8)Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him—

(a)the occupant's name and address;

(b)the name and address of the registered owner of the vehicle;

(c)any other information he may reasonably request.

(9)A person commits an offence if—

(a)he fails without reasonable excuse to comply with a requirement under subsection (8) above;

(b)he gives information required under that subsection that is—

(i)to his knowledge false or misleading in a material way, or

(ii)given recklessly and is false or misleading in a material way.

(10)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11)In this section and section 34C below—

  • authorised officer” means an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section;

  • enforcement authority” means—

    (a)

    the Environment Agency, F118...

    (aa)

    [F119the Natural Resources Body for Wales, or]

    (b)

    a waste collection authority;

  • relevant offence” means—

    (a)

    an offence under section 33 above, or

    (b)

    an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section;

  • road” has the same meaning as in the Road Traffic Regulation Act 1984;

  • vehicle” means any motor vehicle or trailer within the meaning of that Act or any mobile plant.

34CSeizure of vehicles etc: supplementaryE+W

(1)Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate.

(2)An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person.

(3)Regulations under subsection (2) above may in particular include provision as to—

(a)the duties of enforcement authorities in relation to the safe custody of seized property;

(b)the circumstances in which they must return any such property to a person claiming entitlement to it;

(c)the manner in which such persons, and the seized property to which they are entitled, may be determined;

(d)the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property;

(e)the uses to which the proceeds of any such sale may be put.

(4)Regulations making provision under subsection (3)(d) above—

(a)must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;

(b)must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person;

(c)may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay.

(5)The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.]

Modifications etc. (not altering text)

[F120Wales: disposal of food wasteU.K.

Textual Amendments

34DProhibition on disposal of food waste to sewerU.K.

(1)An occupier of premises in Wales must not—

(a)discharge food waste produced on or brought onto the premises, or

(b)knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged,

into a public sewer or a sewer or drain communicating with a public sewer.

(2)Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).

(3)A person commits an offence if, without reasonable excuse, the person contravenes subsection (1).

(4)A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.

(5)In subsection (1)—

  • food waste” means controlled waste that—

    (a)

    has at any time been food (which for this purpose does not include drink) intended for human consumption, or

    (b)

    is biodegradable waste arising from the processing or preparation of food or drink,

    but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink;

  • drain”, “public sewer” and “sewer” have the meanings given in section 219(1) of the Water Industry Act 1991.

(6)The Welsh Ministers may by regulations—

(a)provide for subsection (1) to apply only in circumstances specified in the regulations;

(b)make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2);

(c)amend the definition of “food waste” in subsection (5).

(7)Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.]

[F121Electronic waste trackingU.K.

Textual Amendments

F121Ss. 34CA, 34CB and cross-heading inserted (9.1.2022) by Environment Act 2021 (c. 30), ss. 58(2), 147(2)(g) (with s. 144)

34CAElectronic waste trackingU.K.

(1)The relevant national authority may by regulations make provision for the purpose of tracking relevant waste, including provision about the establishment of an electronic system (“the system”) for that purpose.

(2)The regulations may impose requirements on relevant waste controllers, or a waste regulation authority, to take specified steps to secure the entry into the system of specified information about, or which is relevant to the tracking or regulation of, specified relevant waste.

(3)The information which may be specified includes information about—

(a)the processing, movement or transfer to another person of relevant waste or waste processing products;

(b)persons to whom relevant waste or waste processing products have been transferred;

(c)the carrying out of any activity by relevant waste controllers in relation to, or in connection with, relevant waste or waste processing products;

(d)relevant waste controllers.

(4)The regulations may impose requirements on relevant waste controllers to take specified steps to enable physical identification of specified relevant waste or waste processing products.

(5)The regulations may allow relevant waste controllers, or a waste regulation authority, to make arrangements for other persons to discharge their obligations under the regulations, and may impose requirements on such persons in connection with such arrangements.

(6)The regulations must provide for an exemption for digitally excluded persons from any requirement that would involve the use of electronic communications or the keeping of electronic records, but may impose alternative requirements on those persons that do not involve either.

(7)The regulations may designate a person to establish, operate or maintain the system and may confer functions on such a person.

(8)The regulations may make provision about how information held on the system is to be used including provision—

(a)about who may access the information;

(b)permitting, or requiring, the disclosure, publication or transfer to another electronic system of such information;

(c)imposing requirements on persons who obtain such information not to further disclose it.

(9)The regulations may impose fees or charges, payable to a person designated by, or in accordance with, the regulations, on persons subject to any requirement imposed by the regulations.

(10)The amount of such fees or charges may reflect the costs of establishing, operating or maintaining the system and any other costs incurred in connection with the tracking of relevant waste by a person designated to establish, operate or maintain the system.

(11)The relevant national authority may provide grants or loans to a person designated to establish, operate or maintain the system.

(12)In this section—

  • digitally excluded person” means a person—

    (a)

    who is a practising member of a religious society or order whose beliefs are incompatible with using electronic communications or keeping electronic records, or

    (b)

    for whom it is not reasonably practicable to use electronic communications or to keep electronic records for any reason (including age, disability or location);

  • “extractive waste”—

    (a)

    in relation to regulations made in relation to England or Wales, has the meaning it has in this Part (as it extends to England and Wales);

    (b)

    in relation to regulations made in relation to Scotland, has the meaning it has in the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60);

  • relevant national authority” means—

    (a)

    in relation to England, the Secretary of State;

    (b)

    in relation to Wales, the Welsh Ministers;

    (c)

    in relation to Scotland, the Scottish Ministers;

  • relevant waste” means controlled waste or extractive waste;

  • relevant waste controller” means any person who—

    (a)

    is subject to the duty in section 34(1) (duty of care as respects controlled waste),

    (b)

    imports, produces, carries, keeps, treats, manages or disposes of extractive waste or, as a dealer or broker, has control of such waste, or

    (c)

    exports relevant waste;

  • specified” means specified or described in the regulations;

  • waste processing product” means any product of the processing of relevant waste, including material which is not relevant waste or which is not derived from relevant waste.

34CBFurther provision about regulations under section 34CAU.K.

(1)Regulations under section 34CA(1) may make provision about the enforcement of requirements imposed by or under the regulations.

(2)The regulations may include provision—

(a)creating criminal offences punishable with a fine in respect of failures to comply with the regulations;

(b)about such offences.

(3)The regulations may include provision—

(a)for, about or connected with the imposition of civil sanctions by an enforcement authority;

(b)in the case of a civil sanction that requires the payment of an amount, for that amount—

(i)to be specified in the regulations;

(ii)to be determined by an enforcement authority in accordance with the regulations;

(c)for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);

(d)about appeals against the imposition of a civil sanction.

(4)In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(5)The regulations may include provision for the imposition of sanctions of that kind whether or not—

(a)the conduct in respect of which the sanction is imposed constitutes an offence,

(b)the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

(c)the relevant national authority may make provision for the imposition of sanctions under that Part.

(6)The regulations may make different provision for different purposes.

(7)The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or [F122assimilated direct] legislation.

(8)In this section—

  • enforcement authority” means the Environment Agency, the Natural Resources Body for Wales, a waste collection authority for an area in England or Wales or the Scottish Environment Protection Agency;

  • primary legislation” means—

    (a)

    in relation to regulations made by the Secretary of State, an Act of Parliament;

    (b)

    in relation to regulations made by the Welsh Ministers, an Act of Parliament or an Act or Measure of Senedd Cymru;

    (c)

    in relation to regulations made by the Scottish Ministers, an Act of Parliament or an Act of the Scottish Parliament.]

Waste Management LicencesE+W+S

35 Waste management licences: general.E+W+S

[F123(1)A waste management licence is a licence granted by a waste regulation authority authorising the treatment, keeping or disposal of any specified description of controlled waste in or on specified land or the treatment or disposal of any specified description of controlled waste by means of specified mobile plant.

(2)A licence shall be granted to the following person, that is to say—

(a)in the case of a licence relating to the treatment, keeping or disposal of waste in or on land, to the person who is in occupation of the land; and

(b)in the case of a licence relating to the treatment or disposal of waste by means of mobile plant, to the person who operates the plant.

(3)A licence shall be granted on such terms and subject to such conditions as appear to the waste regulation authority to be appropriate and the conditions may relate—

(a)to the activities which the licence authorises, [F124and]

(b)to the precautions to be taken and works to be carried out in connection with or in consequence of those activities;

[F125(c)to the location of the boundaries of the specified land;]

and accordingly requirements may be imposed in the licence which are to be complied with before the activities which the licence authorises have begun or after the activities which the licence authorises have ceased.

(4)Conditions may require the holder of a licence to carry out works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him by the licence.

(5)Conditions may relate, where waste other than controlled waste is to be treated, kept or disposed of, to the treatment, keeping or disposal of that other waste.

(6)The Secretary of State may, by regulations, make provision as to the conditions which are, or are not, to be included in a licence; and regulations under this subsection may make different provision for different circumstances.

(7)The Secretary of State may, as respects any licence for which an application is made to a waste regulation authority, give to the authority directions as to the terms and conditions which are, or are not, to be included in the licence; and it shall be the duty of the authority to give effect to the directions.

F126[(7A)In any case where—

(a)an entry is required under this section to be made in any record as to the observance of any condition of a licence, and

(b)the entry has not been made,

that fact shall be admissible as evidence that that condition has not been observed.

F126(7B)Any person who—

(a)intentionally makes a false entry in any record required to be kept under any condition of a licence, or

(b)with intent to deceive, forges or uses a licence or makes or has in his possession a document so closely resembling a licence as to be likely to deceive,

shall be guilty of an offence.

F126(7C)A person guilty of an offence under subsection (7B) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.]

(8)It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State with respect to the discharge of their functions in relation to licences.

(9)A licence may not be surrendered by the holder except in accordance with section 39 below.

(10)A licence is not transferable by the holder but the waste regulation authority may transfer it to another person under section 40 below.

(11)A licence shall continue in force until [F127it ceases to have effect under subsection (11A) below,] it is revoked entirely by the waste regulation authority under section 38 below or it is surrendered or its surrender is accepted under section 39 below.

[F128(11A)A licence shall cease to have effect if and to the extent that the treatment, keeping or disposal of waste authorised by the [F129license] [F129licence] is authorised by a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999] [F130or by an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014].

(12)In this Part “licence” means a waste management licence and “site licence” and “mobile plant licence” mean, respectively, a licence authorising the treatment, keeping or disposal of waste in or on land and a licence authorising the treatment or disposal of waste by means of mobile plant.]

Textual Amendments

F124Word in s. 35(3) omitted (S.) (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(5)

F126S. 35(7A)-(7C) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 66(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F127Words in s. 35(11) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 Pt. 1 para. 5(a) and inserted (S.) (28.9.2000) by S.S.I. 2000/323, reg. 36, Sch. 10 Pt. 1 para. 3(4)(a)

F128S. 35(11A) inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 Pt. 1 para. 5(b) and inserted (S.) (28.9.2000) by S.S.I. 2000/323, reg. 36, Sch. 10 Pt. 1 para. 3(4)(b)

Modifications etc. (not altering text)

C15S. 35 amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 9(5)

C16S. 35(11) extended (27.7.1999) by 1999 c. 24, s.4(1)(3)(4)(5)(8)

Commencement Information

I6S. 35 not in force at Royal Assent, see s. 164(3); s. 35(6) in force at 18.2.1993 by S.I. 1993/274, art. 2(1); s. 35 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

F131[35A Compensation where rights granted pursuant to section 35(4) or 38(9A).E+W+S

[F132(1)This section applies in any case where—

(a)the holder of a licence is required—

(i)by the conditions of the licence; or

(ii)by a requirement imposed under section 38(9) below,

to carry out any works or do any other thing which he is not entitled to carry out or do;

(b)a person whose consent would be required has, pursuant to the requirements of section 35(4) above or 38(9A) below, granted, or joined in granting, to the holder of the licence any rights in relation to any land; and

(c)those rights, or those rights together with other rights, are such as will enable the holder of the licence to comply with any requirements imposed on him by the licence or, as the case may be, under section 38(9) below.

(2)In a case where this section applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this section by the holder of the licence.

(3)The Secretary of State shall by regulations provide for the descriptions of loss and damage for which compensation is payable under this section.

(4)The Secretary of State may by regulations—

(a)provide for the basis on which any amount to be paid by way of compensation under this section is to be assessed;

(b)without prejudice to the generality of subsection (3) and paragraph (a) above, provide for compensation under this section to be payable in respect of—

(i)any effect of any rights being granted, or

(ii)any consequence of the exercise of any rights which have been granted;

(c)provide for the times at which any entitlement to compensation under this section is to arise or at which any such compensation is to become payable;

(d)provide for the persons or bodies by whom, and the manner in which, any dispute—

(i)as to whether any, and (if so) how much and when, compensation under this section is payable; or

(ii)as to the person to or by whom it shall be paid,

is to be determined;

(e)provide for when or how applications may be made for compensation under this section;

(f)without prejudice to the generality of paragraph (d) above, provide for when or how applications may be made for the determination of any such disputes as are mentioned in that paragraph;

(g)without prejudice to the generality of paragraphs (e) and (f) above, prescribe the form in which any such applications as are mentioned in those paragraphs are to be made;

(h)make provision similar to any provision made by paragraph 8 of Schedule 19 to the M5Water Resources Act 1991;

(j)make different provision for different cases, including different provision in relation to different persons or circumstances;

(k)include such incidental, supplemental, consequential or transitional provision as the Secretary of State considers appropriate.]]

Textual Amendments

F131S. 35A inserted (1.2.1996 for limited purposes, 1.4.1998 in so far as it imposes a duty, or confers power, to make regulations and 1.4.1999 so far as not already in force) by 1995 c. 25, s. 120(1), Sch. 22 para.67 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2; S.I. 1998/604, art.2; S.I. 1999/803, art. 3

Modifications etc. (not altering text)

C17S. 35A(4) applied by 1991 c. 57, s. 161B(6) (as inserted (21.9.1995 for limited purposes, 16.3.1999 for limited purposes and 29.4.1999 so far as not already in force) by 1995 c. 25, s. 120(1), Sch. 22 para.162 (with ss. 7(6), 115, 117): S.I. 1995/1983, art.3; S.I. 1999/803, art. 2; S.I. 1999/1301, art. 2

Marginal Citations

36 Grant of licences.E+W

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

36 Grant of licences.S

(1)An application for a licence shall be made—

(a)in the case of an application for a site licence, to the waste regulation authority in whose area the land is situated; and

(b)in the case of an application for a mobile plant licence, to the waste regulation authority in whose area the operator of the plant has his principal place of business;

[F431and shall be made on a form provided for the purpose by the waste regulation authority and accompanied by such information as that authority reasonably requires and the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

F431(1A)Where an applicant for a licence fails to provide the waste regulation authority with any information required under subsection (1) above, the authority may refuse to proceed with the application, or refuse to proceed with it until the information is provided.]

(2)A licence shall not be issued for a use of land for which planning permission is required in pursuance of the M24Town and Country Planning Act 1990 or the M25Town and Country Planning (Scotland) Act 1972 unless—

(a)such planning permission is in force in relation to that use of the land, or

(b)an established use certificate is in force under section 192 of the said Act of 1990 or section 90 of the said Act of 1972 in relation to that use of the land.

(3)Subject to subsection (2) above and subsection (4) below, a waste regulation authority to which an application for a licence has been duly made shall not reject the application if it is satisfied that the applicant is a fit and proper person unless it is satisfied that its rejection is necessary for the purpose of preventing—

(a)pollution of the environment;

(b)harm to human health; or

(c)serious detriment to the amenities of the locality;

but paragraph (c) above is inapplicable where planning permission is in force in relation to the use to which the land will be put under the licence.

(4)Where the waste regulation authority proposes to issue a licence, the authority must, before it does so,—

(a)refer the proposal to [F432the appropriate planning authority] and the [F433safety regulator]; and

(b)consider any representations about the proposal which the [F432authority] or the [F434safety regulator] makes to it during the allowed period.

F435(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where any part of the land to be used is [F436within a site of special scientific interest or any area in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect] and the waste regulation authority proposes to issue a licence, the authority must, before it does so—

(a)refer the proposal to the appropriate nature conservation body; and

(b)consider any representations about the proposal which the body makes to it during the allowed period;

and in this section any reference to the appropriate nature conservation body is a reference to [F437Natural England], [F438Scottish Natural Heritage] or the [F439Natural Resources Body for Wales], according as the land is situated in England, Scotland or Wales.

F440(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)If within the period of four months beginning with the date on which a waste regulation authority received an application for the grant of a licence, or within such longer period as the authority and the applicant may at any time agree in writing, the authority has neither granted the licence in consequence of the application nor given notice to the applicant that the authority has rejected the application, the authority shall be deemed to have rejected the application.

F441[(9A)Subsection (9) above—

(a)shall not have effect in any case where, by virtue of subsection (1A) above, the waste regulation authority refuses to proceed with the application in question, and

(b)shall have effect in any case where, by virtue of subsection (1A) above, the waste regulation authority refuses to proceed with it until the required information is provided, with the substitution for the period of four months there mentioned of the period of four months beginning with the date on which the authority received the information.]

F442[(10)The period allowed to the appropriate planning authority, the [F443safety regulator] or the appropriate nature conservancy body for the making of representations under subsection (4) or (7) above about a proposal is the period of twenty-eight days beginning with the day on which the proposal is received by the waste regulation authority or such longer period as the waste regulation authority, the appropriate planning authority, the [F444safety regulator] or the body, as the case may be, agree in writing.

(11)In this section—

  • the appropriate planning authority” means—

    (a)

    where the relevant land is situated in the area of a London borough council, that London borough council;

    (b)

    where the relevant land is situated in the City of London, the Common Council of the City of London;

    (c)

    where the relevant land is situated in a non-metropolitan county in England, the council of that county;

    (d)

    where the relevant land is situated in a National Park or the Broads, the National Park authority for that National Park or, as the case may be, the Broads Authority;

    (e)

    where the relevant land is situated elsewhere in England or Wales, the council of the district or, in Wales, the county or county borough, in which the land is situated;

    (f)

    where the relevant land is situated in Scotland, the council constituted under section 2 of the M26Local Government etc. (Scotland) Act 1994 for the area in which the land is situated;

  • the Broads” has the same meaning as in the M27Norfolk and Suffolk Broads Act 1988;

  • National Park authority”, F445. . . means a National Park authority established under section 63 of the Environment Act 1995 which has become the local planning authority for the National Park in question;

  • the relevant land” means—

    (a)

    in relation to a site licence, the land to which the licence relates; and

    (b)

    in relation to a mobile plant licence, the principal place of business of the operator of the plant to which the licence relates.

  • [F446“the safety regulator” means—

    (a)

    where the relevant land is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation;

    (b)

    otherwise, the Health and Safety Executive.]

F447(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)The Secretary of State may by regulations amend the definition of “appropriate planning authority” in subsection (11) above.

(14)This section shall have effect subject to section 36A below.]

Extent Information

E13This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F431In s. 36: words including s. 36(1A) substituted (1.4.1996 for limited purposes and 1.4.1998 in so far as not already in force) for words following para. 36(1)(b) by 1995 c. 25, s. 120(1), Sch. 22 para. 68(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with saving in art. 4); S.I. 1998/604, art. 2.

F432Words in s. 36(4)(a)(b) substituted (1.4.1996, subject to a saving with modifications in S.I. 1996/186, art. 4, in relation to certain applications for a licence made before 1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 68(3)(a)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F435S. 36(5)(6) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 68(4), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F436Words in s. 36(7) substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59(2), Sch. 7 para. 7 (with s. 55); S.S.I. 2004/495, art. 2

F441S. 36(9A) inserted (1.4.1998) by 1995 c. 25, s. 120(1), Sch. 22 para. 68(5) (with ss. 7(6), 115, 117); S.I. 1998/604, art. 2.

F442S. 36(10)-(14) substituted (1.4.1996) for s. 36(10) by 1995 c. 25, s. 120(1), Sch. 22 para. 68(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with saving in art. 4)

F445S. 36(11): words in the definition of "National Park" repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F447S. 36(12) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

C57S. 36(2)(a) extended (S.) (27.5.1997) by 1997 c. 8, ss. 150(7)(c), 278(2)

C58S. 36(3) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 9(7)

Commencement Information

I35S. 36 partly in force; s. 36 not in force at Royal Assent see. s. 164(3); s. 36(1) in force at 18.2.1993 by S.I. 1993/274, art. 2(1)

Marginal Citations

F134[36A Consultation before the grant of certain licences.E+W+S

[F135(1)This section applies where an application for a licence has been duly made to a waste regulation authority, and the authority proposes to issue a licence subject (by virtue of section 35(4) above) to any condition which might require the holder of the licence to—

(a)carry out any works, or

(b)do any other thing,

which he might not be entitled to carry out or do.

(2)Before issuing the licence, the waste regulation authority shall serve on every person appearing to the authority to be a person falling within subsection (3) below a notice which complies with the requirements set out in subsection (4) below.

(3)A person falls within this subsection if—

(a)he is the owner, lessee or occupier of any land; and

(b)that land is land in relation to which it is likely that, as a consequence of the licence being issued subject to the condition in question, rights will have to be granted by virtue of section 35(4) above to the holder of the licence.

(4)A notice served under subsection (2) above shall—

(a)set out the condition in question;

(b)indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do; and

(c)specify the date by which, and the manner in which, any representations relating to the condition or its possible effects are to be made to the waste regulation authority by the person on whom the notice is served.

(5)The date which, pursuant to subsection (4)(c) above, is specified in a notice shall be a date not earlier than the date on which expires the period—

(a)beginning with the date on which the notice is served, and

(b)of such length as may be prescribed in regulations made by the Secretary of State.

(6)Before the waste regulation authority issues the licence it must, subject to subsection (7) below, consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under subsection (2) above.

(7)Subsection (6) above does not require the waste regulation authority to consider any representations made by a person after the date specified in the notice served on him under subsection (2) above as the date by which his representations in relation to the condition or its possible effects are to be made.

(8)In subsection (3) above—

  • owner”, in relation to any land in England and Wales, means the person who—

    (a)

    is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

    (b)

    would receive the rack-rent if the land were let at a rack-rent,

    but does not include a mortgagee not in possession; and

  • owner”, in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted.]]

Textual Amendments

F134S. 36A inserted (1.4.1998 so far as it confers power to make regulations and 1.4.1999 so far as not already in force) by 1995 c. 25, s. 120(1), Sch. 22 para.69 (with ss. 7(6), 115, 117); S.I. 1998/604, art.2; S.I. 1999/803, art. 3

37 Variation of licences.E+W+S

[F136(1)While a licence issued by a waste regulation authority is in force, the authority may, subject to regulations under section 35(6) above and to [F137subsection (3)] [F137subsections (2A) and (3)] below,—

(a)on its own initiative, modify the conditions of the licence to any extent which, in the opinion of the authority, is desirable and is unlikely to require unreasonable expense on the part of the holder; and

(b)on the application of the licence holder accompanied by [F138the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995,] modify the conditions of his licence to the extent requested in the application.

(2)While a licence issued by a waste regulation authority is in force, the authority shall, except where it revokes the licence entirely under section 38 below, modify the conditions of the licence—

(a)to the extent which in the opinion of the authority is required for the purpose of ensuring that the activities authorised by the licence do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities; and

(b)to the extent required by any regulations in force under section 35(6) above.

[F139(2A)The conditions of a site licence may not be modified under subsection (1) so as to remove any of the specified land referred to in section 35(1) from the licence.]

(3)The Secretary of State may, as respects any licence issued by a waste regulation authority, give to the authority directions as to the modifications which are to be made in the conditions of the licence under subsection (1)(a) or (2)(a) above; and it shall be the duty of the authority to give effect to the directions.

(4)Any modification of a licence under this section shall be effected by notice served on the holder of the licence and the notice shall state the time at which the modification is to take effect.

(5)Section 36(4), F140. . . (7), F140. . .and (10) above shall with the necessary modifications apply to a proposal by a waste regulation authority to modify a licence under subsection (1) or (2)(a) above as they apply to a proposal to issue a licence, except that—

(a)the authority may postpone the reference so far as the authority considers that by reason of an emergency it is appropriate to do so; and

(b)the authority need not consider any representations as respects a modification which, in the opinion of the waste regulation authority, will not affect any authority mentioned in the subsections so applied.

(6)If within the period of two months beginning with the date on which a waste regulation authority received an application by the holder of a licence for a modification of it, or within such longer period as the authority and the applicant may at any time agree in writing, the authority has neither granted a modification of the licence in consequence of the application nor given notice to the applicant that the authority has rejected the application, the authority shall be deemed to have rejected the application.

F141[(7)This section shall have effect subject to section 37A below.]]

Textual Amendments

F137Words in s. 37(1) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(6)(a)

F138Words in s. 37(1)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 70(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F140Words in s. 37(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 70(2), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C19S. 37 excluded (E.W.) (3.11.2003) by The End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635), regs. 1(2), 44(2), 46 (with regs. 3, 4)

C20S. 37(4) modified (27.7.1999) by 1999 c. 24, s. 4(6)(b)(8)

Commencement Information

I7S. 37 not in force at Royal Assent, see s. 164(3); s. 37(3) in force for certain purposes at 18.2.1993 by S.I. 1993/274, art. 2(2); s. 37 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

[F14237A Consultation before certain variations.E+W+S

[F143(1)This section applies where—

(a)a waste regulation authority proposes to modify a licence under section 37(1) or (2)(a) above; and

(b)the licence, if modified as proposed, would be subject to a relevant new condition.

(2)For the purposes of this section, a “relevant new condition” is any condition by virtue of which the holder of the licence might be required to carry out any works or do any other thing—

(a)which he might not be entitled to carry out or do, and

(b)which he could not be required to carry out or do by virtue of the conditions to which, prior to the modification, the licence is subject.

(3)Before modifying the licence, the waste regulation authority shall serve on every person appearing to the authority to be a person falling within subsection (4) below a notice which complies with the requirements set out in subsection (5) below.

(4)A person falls within this subsection if—

(a)he is the owner, lessee or occupier of any land; and

(b)that land is land in relation to which it is likely that, as a consequence of the licence being modified so as to be subject to the relevant new condition in question, rights will have to be granted by virtue of section 35(4) above to the holder of the licence.

(5)A notice served under subsection (3) above shall—

(a)set out the relevant new condition in question;

(b)indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do but which he could not be required to carry out or do by virtue of the conditions (if any) to which, prior to the modification, the licence is subject; and

(c)specify the date by which, and the manner in which, any representations relating to the condition or its possible effects are to be made to the waste regulation authority by the person on whom the notice is served.

(6)The date which, pursuant to subsection (5)(c) above, is specified in a notice shall be a date not earlier than the date on which expires the period—

(a)beginning with the date on which the notice is served, and

(b)of such length as may be prescribed in regulations made by the Secretary of State.

(7)Before the waste regulation authority issues the licence it must, subject to subsection (8) below, consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under subsection (3) above.

(8)Subsection (7) above does not require the waste regulation authority to consider any representations made by a person after the date specified in the notice served on him under subsection (3) above as the date by which his representations in relation to the condition or its possible effects are to be made.

(9)A waste regulation authority may postpone the service of any notice or the consideration of any representations required under the foregoing provisions of this section so far as the authority considers that by reason of an emergency it is appropriate to do so.

(10)In subsection (3) above, “owner” has the same meaning as it has in subsection (3) of section 36A above by virtue of subsection (8) of that section.]]

Textual Amendments

F142S. 37A inserted (1.4.1998 in so far as it confers power to make regulations and 1.4.1999 so far as not already in force) by 1995 c. 25, s. 120(1), Sch. 22 para. 71 (with ss. 7(6), 115, 117); S.I. 1998/604, art. 2; S.I. 1999/803, art. 3

Modifications etc. (not altering text)

C22S. 37A excluded (E.W.) (3.11.2003) by The End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635), regs. 1(2), 44(2), 46 (with regs. 3, 4)

38 Revocation and suspension of licences.E+W

F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

38 Revocation and suspension of licences.S

(1)Where a licence granted by a waste regulation authority is in force and it appears to the authority—

(a)that the hold er of the licence has ceased to be a fit and proper person by reason of his having been convicted of a relevant offence; or

(b)that the continuation of the activities authorised by the licence would cause pollution of the environment or harm to human health or would be seriously detrimental to the amenities of the locality affected; and

(c)that the pollution, harm or detriment cannot be avoided by modifying the conditions of the licence;

the authority may exercise, as it thinks fit, either of the powers conferred by subsections (3) and (4) below.

(2)Where a licence granted by a waste regulation authority is in force and it appears to the authority that the holder of the licence has ceased to be a fit and proper person by reason of the management of the activities authorised by the licence having ceased to be in the hands of a technically competent person, the authority may exercise the power conferred by subsection (3) below.

(3)The authority may, under this subsection, revoke the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the authority specifies in revoking the licence.

[F448(3A)In the case of a site licence, a revocation under subsection (3) may extend to the whole of the land to which the licence extends or to any part of it.]

(4)The authority may, under this subsection, revoke the licence entirely.

(5)[F449Subject to subsection (3A),] A licence revoked under subsection (3) above shall cease to have effect to authorise the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the authority in revoking the licence but shall not affect the requirements imposed by the licence which the authority, in revoking the licence, specify as requirements which are to continue to bind the licence holder.

(6)Where a licence granted by a waste regulation authority is in force and it appears to the authority—

(a)that the holder of the licence has ceased to be a fit and proper person by reason of the management of the activities authorised by the licence having ceased to be in the hands of a technically competent person; or

(b)that serious pollution of the environment or serious harm to human health has resulted from, or is about to be caused by, the activities to which the licence relates or the happening or threatened happening of an event affecting those activities; and

(c)that the continuing to carry on those activities, or any of those activities, in the circumstances will continue or, as the case may be, cause serious pollution of the environment or serious harm to human health;

the authority may suspend the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the authority specifies in suspending the licence.

[F450(6A)In the case of a site licence, the suspension may extend to the whole of the land to which the licence extends or to any part of it.]

(7)The Secretary of State may, if he thinks fit in relation to a licence granted by a waste regulation authority, give to the authority directions as to whether and in what manner the authority should exercise its powers under this section; and it shall be the duty of the authority to give effect to the directions.

(8)[F451Subject to subsection (6A),] A licence suspended under subsection (6) above shall, while the suspension has effect, be of no effect to authorise the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the authority in suspending the licence.

(9)Where a licence is suspended under subsection (6) above, the authority, in suspending it or at any time while it is suspended, may require the holder of the licence to take such measures to deal with or avert the pollution or harm as the authority considers necessary.

F452[(9A)A requirement imposed under subsection (9) above may require the holder of a licence to carry out works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him under that subsection.

(9B)Subsections (2) to (8) of section 36A above shall, with the necessary modifications, apply where the authority proposes to impose a requirement under subsection (9) above which may require the holder of a licence to carry out any such works or do any such thing as is mentioned in subsection (9A) above as they apply where the authority proposes to issue a licence subject to any such condition as is mentioned in subsection (1) of that section, but as if—

(a)the reference in subsection (3) of that section to section 35(4) above were a reference to subsection (9A) above; and

(b)any reference in those subsections—

(i)to the condition, or the condition in question, were a reference to the requirement; and

(ii)to issuing a licence were a reference to serving a notice, under subsection (12) below, effecting the requirement.

(9C)The authority may postpone the service of any notice or the consideration of any representations required under section 36A above, as applied by subsection (9B) above, so far as the authority considers that by reason of an emergency it is appropriate to do so.]

(10)A person who, without reasonable excuse, fails to comply with any requirement imposed under subsection (9) above otherwise than in relation to special waste shall be liable—

(a)on summary conviction, to a fine of an amount not exceeding the statutory maximum; and

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

(11)A person who, without reasonable excuse, fails to comply with any requirement imposed under subsection (9) above in relation to special waste shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both; and

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.

(12)Any revocation or suspension of a licence or requirement imposed during the suspension of a licence under this section shall be effected by notice served on the holder of the licence and the notice shall state the time at which the revocation or suspension or the requirement is to take effect and, in the case of suspension, the period at the end of which, or the event on the occurrence of which, the suspension is to cease.

[F453(12A)If, in the case of a partial revocation referred to in subsection (3A), the authority is of the opinion that it is necessary to modify the conditions of the licence to take account of the revocation, it shall specify the necessary modifications in the notice served under subsection (12) and the modifications specified in the notice shall take effect on the date specified in the notice.]

F454[(13)If a waste regulation authority is of the opinion that proceedings for an offence under subsection (10) or (11) above would afford an ineffectual remedy against a person who has failed to comply with any requirement imposed under subsection (9) above, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the requirement.]

Extent Information

E14This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F449Words in s. 38(5) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(7)(b)

F451Words in s. 38(8) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(7)(d)

F452S. 38(9A)-(9C) inserted (1.4.1998 in so far as it confers power to make regulations and 1.4.1999 so far as not already in force) by 1995 c. 25, s. 120(1), Sch. 22 para. 72(1) (with ss. 7(6), 115, 117); S.I. 1998/604, art.2; S.I. 1999/803, art. 3

F454S. 38(13) added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 72(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C60S. 38(10)(11) restricted (27.7.1999) by 1999 c. 24, s. 4(7)(8)

C61S. 38(12) modified (27.7.1999) by 1999 c. 24, s. 4(6)(b)(8)

Commencement Information

I36S. 38 not in force at Royal Assent, see s. 164(3); s. 38(7) in force for certain purposes at 18.2.1993 by S.I. 1993/274, art. 2(2); s. 38 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

39 Surrender of licences.E+W+S

[F145(1)A licence may be surrendered by its holder to the authority which granted it but, in the case of a site licence, only if the authority accepts the surrender.

(2)The following provisions apply to the surrender and acceptance of the surrender of a site licence.

[F146(2A)A surrender of a site licence may extend to the whole of the land to which the licence extends or to any part of it.]

(3)The holder of a site licence who desires to surrender it shall make an application for that purpose to the authority [F147on a form provided by the authority for the purpose, giving such information and accompanied by such evidence as the authority reasonably requires and accompanied by the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.]

(4)An authority which receives an application for the surrender of a site licence—

(a)shall inspect the land to which the [F148licence] [F148application] relates, and

(b)may require the holder of the licence to furnish to it further information or further evidence.

(5)The authority shall determine whether it is likely or unlikely that the condition of the land, so far as that condition is the result of the use of the land for the treatment, keeping or disposal of waste (whether or not in pursuance of the licence), will cause pollution of the environment or harm to human health.

(6)If the authority is satisfied that the condition of the land is unlikely to cause the pollution or harm mentioned in subsection (5) above, the authority shall, subject to subsection (7) below, accept the surrender of the licence; but otherwise the authority shall refuse to accept it.

(7)Where the authority proposes to accept the surrender of a site licence, the authority must, before it does so,—

(a)refer the proposal to [F149the appropriate planning authority]; and

(b)consider any representations about the proposal which [F149the appropriate planning authority] makes to it during the allowed period;

F150. . .

F151(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Where the surrender of a licence is accepted under this section the authority shall issue to the applicant, with the notice of its determination, a certificate (a “certificate of completion”) stating that it is satisfied as mentioned in subsection (6) above and, on the issue of that certificate, the licence shall cease to have effect [F152or, in the case of a partial surrender referred to in subsection (2A), the licence shall cease to have effect in relation to the land to which the surrender extends] .

[F153(9A)If, in the case of a partial surrender referred to in subsection (2A), the authority is of the opinion that it is necessary to modify the conditions of the licence to take account of the surrender, it shall specify the necessary modifications in the notice of its determination issued under subsection (9) and the modifications specified in the notice shall take effect on the date specified in the notice.]

(10)If within the period of three months beginning with the date on which an authority receives an application to surrender a licence, or within such longer period as the authority and the applicant may at any time agree in writing, the authority has neither issued a certificate of completion nor given notice to the applicant that the authority has rejected the application, the authority shall be deemed to have rejected the application.

(11)Section 36(10) above applies for the interpretation of the “allowed period” in [F154subsection (7) above].

F155[(12)In this section—

  • the appropriate planning authority” means—

    (a)

    where the relevant land is situated in the area of a London borough council, that London borough council;

    (b)

    where the relevant land is situated in the City of London, the Common Council of the City of London;

    (c)

    where the relevant land is situated in a non-metropolitan county in England, the council of that county;

    (d)

    where the relevant land is situated in a National Park or the Broads, the National Park authority for that National Park or, as the case may be, the Broads Authority;

    (e)

    where the relevant land is situated elsewhere in England or Wales, the council of the district or, in Wales, the county or county borough, in which the land is situated;

    (f)

    where the relevant land is situated in Scotland, the council constituted under section 2 of the M6Local Government etc. (Scotland) Act 1994 for the area in which the land is situated;

  • the Broads” has the same meaning as in the M7Norfolk and Suffolk Broads Act 1988;

  • National Park authority”, F156. . . means a National Park authority established under section 63 of the Environment Act 1995 which has become the local planning authority for the National Park in question;

  • the relevant land”, in the case of any site licence, means the land to which the licence relates.

F157(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F155(14)The Secretary of State may by regulations amend the definition of “appropriate planning authority” in subsection (12) above.]]

Textual Amendments

F147Words in s. 39(3) substituted (1.4.1996 for limited purposes and 1.4.1998 so far as not already in force) by 1995 c. 25, s. 120(1), Sch. 22 para. 73(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3; S.I. 1998/604, art.2.

F148Word in s. 39(4)(a) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(8)(b)

F149Words in s. 39(7)(a)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 73(3)(a) (with ss. 7(6), 115, 117); S.I. 1996/1286, art. 3

F150In s. 39(7) words following para. (b) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 73(3)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F152Words in s. 39(9) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(8)(c)

F154Words in s. 39(11) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 73(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F155S. 39(12)-(14) added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 73(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F156In s. 39(12) in the definition of "National Park authority" words repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2,Sch.

F157S. 39(13) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2,Sch.

Modifications etc. (not altering text)

Commencement Information

I8S. 39 not in force at Royal Assent, see s. 164(3); s. 39(3) in force at 18.2.1993 by S.I. 1993/274, art. 2(1); s. 39 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

Marginal Citations

40 Transfer of licences.E+W+S

[F158(1)A licence may be transferred to another person in accordance with subsections (2) to (6) below and may be so transferred whether or not the licence is partly revoked or suspended under any provision of this Part.

[F159(1A)In the case of a site licence, a transfer under subsection (1) may extend to the whole of the land to which the licence extends or to any part of it, and in this Part “transfer” and cognate expressions used in relation to a site licence include such a partial transfer.]

(2)Where the holder of a licence desires that the licence be transferred to another person (“the proposed transferee”) the licence holder and the proposed transferee shall jointly make an application to the waste regulation authority which granted the licence for a transfer of it.

(3)An application under subsection (2) above for the transfer of a licence shall be made [F160on a form provided by the authority for the purpose, accompanied by such information as the authority may reasonably require, the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995] and the licence.

(4)If, on such an application, the authority is satisfied that the proposed transferee is a fit and proper person the authority shall effect a transfer of the licence to the proposed transferee.

(5)[F161Subject to subsections (5A) to (5C),] the authority shall effect a transfer of a licence under the foregoing provisions of this section by causing the licence to be endorsed with the name and other particulars of the proposed transferee as the holder of the licence from such date specified in the endorsement as may be agreed with the applicants.

[F162(5A)The authority shall effect a partial transfer of a licence by—

(a)issuing a new licence to the transferee as respects the land to which the transfer relates; and

(b)returning the original licence to the holder endorsed to record that there has been a transfer, the particulars of the land transferred and the land to which the original licence now relates.

(5B)In the case of a partial transfer, the conditions included in the new licence and original licence after the transfer shall be the same as the conditions included in the original licence immediately before the transfer in so far as they are relevant to the sites covered by the new licence and the original licence respectively, but subject to such modifications as, in the opinion of the authority, are necessary to take account of the transfer.

(5C)A partial transfer shall take effect from such date as may be agreed with the applicants and specified in the endorsement and new licence.]

(6)If within the period of two months beginning with the date on which the authority receives an application for the transfer of a licence, or within such longer period as the authority and the applicants may at any time agree in writing, the authority has neither effected a transfer of the licence nor given notice to the applicants that the authority has rejected the application, the authority shall be deemed to have rejected the application.]

Textual Amendments

F160Words in s. 40(3) substituted (1.4.1996 for limited purposes and 1.4.1998 so far as not already in force) by 1995 c. 25, s. 120(1), Sch. 22 para.74 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3; S.I. 1998/604, art.2.

F161Words in s. 40(5) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(9)(b)

Commencement Information

I9S. 40 not in force at Royal Assent, see s. 164(3); s. 40(3) in force at 18.2.1993 by S.I. 1993/274, art. 2(1); s. 40 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

[F16340AConsolidated LicencesS

(1)Subsection (2) applies where—

(a)a licence has been varied, or affected by a partial revocation, surrender or transfer;

(b)there is more than one site licence held by the same person and applying to the same site; or

(c)there is more than one mobile plant licence held by the same person.

(2)The authority may replace the licence or licences, as the case may be, with a consolidated licence.

(3)A consolidated licence must not contain any new conditions in respect of any land, mobile plant or activity.]

Textual Amendments

F16441. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

42 Supervision of licensed activities.S

[F165(1)While a licence is in force it shall be the duty of the waste regulation authority which granted the licence to take the steps needed—

(a)for the purpose of ensuring that the activities authorised by the licence do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities; and

(b)for the purpose of ensuring that the conditions of the licence are complied with.

F166(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purpose of performing the duty imposed on it by subsection (1) above, any officer of the authority authorised in writing for the purpose by the authority may, if it appears to him that by reason of an emergency it is necessary to do so, carry out work on the land or in relation to plant or equipment on the land to which the licence relates or, as the case may be, in relation to the mobile plant to which the licence relates.

(4)Where a waste regulation authority incurs any expenditure by virtue of subsection (3) above, the authority may recover the amount of the expenditure from [F167the holder, or (as the case may be) the former holder, of the licence], except where the holder or former holder of the licence shows that there was no emergency requiring any work or except such of the expenditure as he shows was unnecessary.

(5)Where it appears to a waste regulation authority that a condition of a licence granted by it is not being complied with [F168or is likely not to be complied with,] then, without prejudice to any proceedings under section 33(6) above, the authority may—

F169[(a)serve on the holder of the licence a notice—

(i)stating that the authority is of the opinion that a condition of the licence is not being complied with or, as the case may be, is likely not to be complied with;

(ii)specifying the matters which constitute the non-compliance or, as the case may be, which make the anticipated non-compliance likely;

(iii)specifying the steps which must be taken to remedy the non-compliance or, as the case may be, to prevent the anticipated non-compliance from occurring; and

(iv)specifying the period within which those steps must be taken; and]

(b)if in the opinion of the authority the licence holder [F170has not taken the steps specified in the notice within the period so specified,] exercise any of the powers specified in subsection (6) below.

(6)The powers which become exercisable in the event mentioned in subsection (5)(b) above are the following—

(a)to revoke the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the authority specifies in revoking the licence;

(b)to revoke the licence entirely; and

(c)to suspend the licence so far as it authorises the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the authority in suspending the licence.

[F171(6ZA)In the case of a site licence, a revocation under subsection (6)(a) or a suspension under subsection (6)(c) may relate to the whole of the land to which the licence relates or to any part of it.]

F172[(6A)If a waste regulation authority is of the opinion that revocation or suspension of the licence, whether entirely or to any extent, under subsection (6) above would afford an ineffectual remedy against a person who has failed to comply with any requirement imposed under subsection (5)(a) above, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the requirement.]

(7)Where a licence is revoked or suspended under subsection (6) above, [F173[F174(3A), (5), (12) and (12A)] or, as the case may be, subsections (8) to (12) of section 38] above shall apply with the necessary modifications as they respectively apply to revocations or suspensions of licences under that section; F175. . .

(8)The Secretary of State may, if he thinks fit in relation to a licence granted by a waste regulation authority, give to the authority directions as to whether and in what manner the authority should exercise its powers under this section; and it shall be the duty of the authority to give effect to the directions.]

Textual Amendments

F167Words in s. 42(4) substituted (21.9.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(3) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3

F168Words in s. 42(5) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F169S. 42(5)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F170Words in s. 42(5)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F172S. 42(6A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F173Words in s. 42(7) substituted (19.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(8)(a) (with ss. 7(6), 115, 117)

F174Words in s. 42(7) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(11)(b)

F175Words in s. 42(7) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 76(8)(b), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Modifications etc. (not altering text)

C24S. 42 modified (27.7.1999) by 1999 c. 24, s. 4(6)(c)(8)

Commencement Information

I10S. 42 not in force at Royal Assent, see s. 164(3); s. 42(8) in force for certain purposes at 18.2.1993 by S.I. 1993/274, art. 2(2); s. 42 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

43 Appeals to Secretary of State from decisions with respect to licences.E+W+S

[F176(1)Where, except in pursuance of a direction given by the Secretary of State,—

(a)an application for a licence or a modification of the conditions of a licence is rejected;

(b)a licence is granted subject to conditions;

(c)the conditions of a licence are modified;

(d)a licence is suspended;

(e)a licence is revoked under section 38 or 42 above;

(f)an application to surrender a licence is rejected; or

(g)an application for the transfer of a licence is rejected;

then, except in the case of an application for a transfer, the applicant for the licence or, as the case may be, the holder or former holder of it may appeal from the decision to the Secretary of State and, in the case of an application for a transfer, the proposed transferee may do so.

(2)Where an appeal is made to the Secretary of State—

F177(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F177(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)if a party to the appeal so requests, or the Secretary of State so decides, the appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held or held to any extent in private).

F178[(2A)This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).]

(3)Where, on such an appeal, the Secretary of State or other person determining the appeal determines that the decision of the authority shall be altered it shall be the duty of the authority to give effect to the determination.

(4)While an appeal is pending in a case falling within subsection (1)(c) or (e) above, the decision in question shall, subject to subsection (6) below, be ineffective; and if the appeal is dismissed or withdrawn the decision shall become effective from the end of the day on which the appeal is dismissed or withdrawn.

(5)Where an appeal is made in a case falling within subsection (1)(d) above, the bringing of the appeal shall have no effect on the decision in question.

(6)Subsection (4) above shall not apply to a decision modifying the conditions of a licence under section 37 above or revoking a licence under section 38 or 42 above in the case of which the notice effecting the modification or revocation includes a statement that in the opinion of the authority it is necessary for the purpose of preventing or, where that is not practicable, minimising pollution of the environment or harm to human health that that subsection should not apply.

(7)Where the decision under appeal is one falling within subsection (6) above or is a decision to suspend a licence, if, on the application of the holder or former holder of the licence, the Secretary of State or other person determining the appeal determines that the authority acted unreasonably in excluding the application of subsection (4) above or, as the case may be, in suspending the licence, then—

(a)if the appeal is still pending at the end of the day on which the determination is made, subsection (4) above shall apply to the decision from the end of that day; and

(b)the holder or former holder of the licence shall be entitled to recover compensation from the authority in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection or the suspension of the licence;

and any dispute as to a person’s entitlement to such compensation or as to the amount of it shall be determined by arbitration or in Scotland by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties.

(8)Provision may be made by the Secretary of State by regulations with respect to appeals under this section and in particular—

(a)as to the period within which and the manner in which appeals are to be brought; and

(b)as to the manner in which appeals are to be considered.]

Textual Amendments

F177S. 43(2)(a)(b) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para.77, Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F178S. 43(2A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 77 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C26S. 43: power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(2)(a)(iii) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Commencement Information

I11S. 43 not in force at Royal Assent, see s. 164(3); s. 43(8) in force at 18.2.1993 by S.I. 1993/274, art. 2(1); s. 43 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

[F17944 Offences of making false or misleading statements or false entries.E+W+S

(1)A person who—

(a)in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part, [F180or] will need corrections

(b)[F181for the purpose of obtaining for himself or another any grant of a licence, any modification of the conditions of a licence, any acceptance of the surrender of a licence or any transfer of a licence,]

makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

(2)[F182A person who intentionally makes a false entry in any record required to be kept by virtue of a licence commits an offence.]

(3)A person who commits an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.]

Textual Amendments

F179S. 44 substituted (1.4.1996) by 1995 c. 25, s. 112, Sch. 19 para. 4(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Commencement Information

I12S. 44 not in force at Royal Assent, see s. 164(3); s. 44 in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)

[F183Integrated waste management plans: ScotlandS

Textual Amendments

F183Ss. 44ZA-44ZD and preceding cross-heading inserted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 34(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

44ZADuty to prepare integrated waste management planS

(1)It shall be the duty of a local authority to—

(a)prepare an integrated waste management plan; and

(b)submit it to the Scottish Ministers for approval.

(2)An integrated waste management plan is a plan which—

(a)sets out, by reference to policies contained in [F184national waste management plan] , how the local authority intends to carry out its functions as waste disposal authority and waste collection authority (its “waste management functions”); and

(b)without prejudice to the generality of paragraph (a) above, contains statements on such matters relating to the carrying out of those functions as the Scottish Ministers may specify in directions.

(3)Directions under subsection (2)(b) above may, in particular, require integrated waste management plans to include statements setting out—

(a)levels of performance (“performance targets”) which the local authority shall, in performing its waste management functions, endeavour to meet;

(b)steps which the local authority proposes to take in endeavouring to meet performance targets;

(c)arrangements which the local authority proposes to enter into with one or more other local authorities for the purpose of securing co-operation, in the carrying out of their respective waste management functions, between the local authorities.

(4)Integrated waste management plans shall—

(a)be prepared, and submitted, under subsection (1) above by such date; and

(b)relate to such period of time,

as the Scottish Ministers may direct.

(5)A local authority shall, in preparing its integrated waste management plan, have regard to such matters as the Scottish Ministers may direct.

(6)In this section, and in sections 44ZB to 44ZD below—

  • local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

  • [F185national waste management plan” means the plan mentioned in regulation 3(1) of the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251), however constituted at the time and as modified from time to time.

  • SEPA” means the Scottish Environment Protection Agency.]

Textual Amendments

F185Words in s. 44ZA(6) substituted (S.) (23.3.2007) by The National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251), {reg. (8)(1)(b)(ii)}

44ZBApproval of integrated waste management planS

(1)The Scottish Ministers shall—

(a)approve an integrated waste management plan submitted to them under section 44ZA(1)(b) above without modification;

(b)approve the plan with such modifications as they consider appropriate; or

(c)refuse to approve the plan.

(2)If the Scottish Ministers refuse to approve a plan which has been so submitted they shall—

(a)notify the local authority in writing of that fact; and

(b)require the local authority to prepare and submit, by such date as the Scottish Ministers may specify, a further integrated waste management plan.

(3)The Scottish Ministers shall—

(a)approve an integrated waste management plan submitted to them under subsection (2)(b) above without modification; or

(b)approve the plan with such modifications as they consider appropriate.

(4)The Scottish Ministers shall—

(a)give written notice of their approval, under subsection (1) or (3) above, of an integrated waste management plan to the local authority; and

(b)if they have modified the plan, send a copy of the plan as modified to the local authority.

(5)The local authority shall, on receipt of notice given under subsection (4)(a) above—

(a)give public notice of the approved integrated waste management plan; and

(b)send a copy of it to SEPA.

(6)It shall be the duty of a local authority to make arrangements for allowing any person to—

(a)inspect its approved integrated waste management plan at its principal offices at any reasonable time;

(b)obtain a copy of it, or any part of it, on payment of such reasonable fee (if any) as the local authority may determine.

44ZCImplementation of integrated waste management planS

(1)It shall be the duty of a local authority—

(a)to endeavour to carry out its waste management functions in accordance with its approved integrated waste management plan; and

(b)if requested by the Scottish Ministers, to provide the Scottish Ministers, by the date specified in their request, with a statement setting out whether the local authority is so carrying out its waste management functions.

(2)A statement provided under subsection (1)(b) above shall contain such information as the Scottish Ministers may direct.

(3)Directions under subsection (2) above may, in particular, require a local authority to—

(a)advise whether it has met, or is likely to meet, any performance targets set out in the plan; and

(b)if it has not done so, or is not likely to do so, explain why it considers the performance targets have not been, or are not likely to be, met.

44ZDModification of integrated waste management planS

(1)A local authority—

(a)may, from time to time; and

(b)shall, if requested by the Scottish Ministers,

modify its integrated waste management plan and submit it, as modified, to the Scottish Ministers for approval.

(2)Sections 44ZA to 44ZC apply in relation to a plan which is modified as they apply in relation to a plan prepared and submitted under section 44ZA(1) above.]

Collection, disposal or treatment of controlled wasteE+W+S

[F18644A National waste strategy: England and Wales.E+W+S

[F187(1)The Secretary of State shall as soon as possible prepare a statement (“the strategy”) containing his policies in relation to the recovery and disposal of waste in England and Wales.

(2)The strategy shall consist of or include—

(a)a statement which relates to the whole of England and Wales; or

(b)two or more statements which between them relate to the whole of England and Wales.

(3)The Secretary of State may from time to time modify the strategy.

(4)Without prejudice to the generality of what may be included in the strategy, the strategy must include—

(a)a statement of the Secretary of State’s policies for attaining the objectives specified in Schedule 2A to this Act;

(b)provisions relating to each of the following, that is to say—

(i)the type, quantity and origin of waste to be recovered or disposed of;

(ii)general technical requirements; and

(iii)any special requirements for particular wastes.

(5)In preparing the strategy or any modification of it, the Secretary of State—

(a)shall consult the Environment Agency,

(b)shall consult—

(i)such bodies or persons appearing to him to be representative of the interests of local government, and

(ii)such bodies or persons appearing to him to be representative of the interests of industry,

as he may consider appropriate, and

(c)may consult such other bodies or persons as he considers appropriate.

(6)Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to the Environment Agency requiring it—

(a)to advise him on the policies which are to be included in the strategy;

(b)to carry out a survey of or investigation into—

(i)the kinds or quantities of waste which it appears to that Agency is likely to be situated in England and Wales,

(ii)the facilities which are or appear to that Agency likely to be available or needed in England and Wales for recovering or disposing of any such waste,

(iii)any other matter upon which the Secretary of State wishes to be informed in connection with his preparation of the strategy or any modification of it,

and to report its findings to him.

(7)A direction under subsection (6)(b) above—

(a)shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and

(b)may make provision in relation to the manner in which—

(i)the survey or investigation is to be carried out, or

(ii)the findings are to be reported or made available to other persons.

(8)Where a direction is given under subsection (6)(b) above, the Environment Agency shall, in accordance with any requirement of the direction,—

(a)before carrying out the survey or investigation, consult—

(i)such bodies or persons appearing to it to be representative of local planning authorities, and

(ii)such bodies or persons appearing to it to be representative of the interests of industry,

as it may consider appropriate; and

(b)make its findings available to those authorities.

[F188(8A)The Environment Agency shall publicise any direction given to it under subsection (6) above in such manner as it considers appropriate.]

(9)In this section—

  • local planning authority” has the same meaning as in the M8Town and Country Planning Act 1990;

  • strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly.

(10)This section makes provision for the purpose of implementing Article 7 of the M9directive of the Council of the [F189European Union], dated 15th July 1975, on waste, as amended by—

(a)the M10directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and

(b)the M11directive of that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment.]]

Textual Amendments

F186Ss. 44A, 44B inserted (1.4.1996) by 1995, c. 25, s. 92(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Modifications etc. (not altering text)

C27S. 44A applied (6.3.1997) by S.I. 1997/648, reg. 12(3)(d)(e), Sch. 4 Pt. IV para. 11(b)

Marginal Citations

M991/692/EEC.

M1091/156/EEC.

M1175/442/EEC.

F19044BNational waste strategy: Scotland.E+W+S

[F191(1)SEPA shall as soon as possible prepare a statement (“the strategy”) containing its policies in relation to the recovery and disposal of waste in Scotland.

(2)SEPA may from time to time modify the strategy.

(3)Without prejudice to the generality of what may be included in the strategy, the strategy must include—

(a)a statement of SEPA’s policies for attaining the objectives specified in Schedule 2A to this Act;

(b)provisions relating to each of the following, that is to say—

(i)the type, quantity and origin of waste to be recovered or disposed of;

(ii)general technical requirements; and

(iii)any special requirements for particular wastes.

(4)In preparing the strategy or any modification of it SEPA shall consult—

(a)such bodies or persons appearing to it to be representative of the interests of industry as it may consider appropriate;

(b)such local authorities as appear to it to be likely to be affected by the strategy or modification,

and may consult such other bodies or persons as it considers appropriate.

(5)Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to SEPA

(a)as to the policies which are to be included in the strategy;

(b)requiring it to carry out a survey or investigation into—

(i)the kinds or quantities of waste which it appears to it is likely to be situated in Scotland,

(ii)the facilities which are or appear to it likely to be available or needed in Scotland for recovering or disposing of any such waste,

(iii)any other matter which the Secretary of State considers appropriate in connection with its preparation of the strategy or any modifications of it.

(6)A direction under subsection (5)(b) above—

(a)shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and

(b)may make provision in relation to the manner in which—

(i)the survey or investigation is to be carried out, or

(ii)the findings are to be reported or made available to other persons.

(7)Where a direction is given under subsection (5)(b) above SEPA shall, in accordance with any requirement of the direction—

(a)before carrying out the survey or investigation, consult—

(i)such bodies or persons appearing to it to be representative of planning authorities, and

(ii)such bodies or persons appearing to it to be representative of the interests of industry,

as it may consider appropriate; and

(b)make its findings available to those authorities.

(8)In this section—

  • planning authority” means an authority within the meaning of section 172 of the M12Local Government (Scotland) Act 1973;

  • strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly.

(9)This section makes provision for the purpose of implementing Article 7 of the M13directive of the Council of the [F189European Union] dated 15th July 1975 on waste, as amended by—

(a)the M14directive of that Council dated 18th March 1991 amending directive 75/442/EEC on waste; and

(b)the M15directive of that Council dated 23rd December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment.]

Textual Amendments

F190Ss. 44A, 44B inserted (1.4.1996) by 1995, c. 25, s. 92(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C28S. 44B applied (6.3.1997) by S.I. 1997/648, reg. 12(3)(d)(e), Sch. 4 Pt. IV para. 11(b)

Marginal Citations

M1391/692/EEC.

M1491/156/EEC.

M1575/442/EEC.

45 Collection of controlled waste.E+W+S

(1)It shall be the duty of each waste collection authority—

(a)to arrange for the collection of household waste in its area except waste—

(i)which is situated at a place which in the opinion of the authority is so isolated or inaccessible that the cost of collecting it would be unreasonably high, and

(ii)as to which the authority is satisfied that adequate arrangements for its disposal have been or can reasonably be expected to be made by a person who controls the waste; [F192and]

(b)if requested by the occupier of premises in its area to collect any commercial waste from the premises, to arrange for the collection of the waste.[F193; and

(c)if requested by the occupier of premises in its area to collect from the premises dry recyclable waste or food waste presented for collection in accordance with section 34(2E) or (2F), to arrange for the collection of the waste.]

[F194(1A)In subsection (1)(c), the reference to “dry recyclable waste or food waste” does not include—

(a)household waste; and

(b)food waste from premises in a rural area.]

(2)Each waste collection authority may, if requested by the occupier of premises in its area to collect any industrial waste from the premises, arrange for the collection of the waste; but a collection authority in England and Wales shall not exercise the power except with the consent of the waste disposal authority whose area includes the area of the waste collection authority.

(3)No charge shall be made for the collection of household waste except in cases prescribed in regulations made by the Secretary of State; and in any of those cases—

(a)the duty to arrange for the collection of the waste shall not arise until a person who controls the waste requests the authority to collect it; and

(b)the authority may recover a reasonable charge for the collection of the waste from the person who made the request.

(4)A person at whose request waste other than household waste is collected under this section shall be liable to pay a reasonable charge for the collection and disposal of the waste to the authority which arranged for its collection; and it shall be the duty of that authority to recover the charge unless in the case of a charge in respect of commercial waste the authority considers it inappropriate to do so.

(5)It shall be the duty of each waste collection authority—

(a)to make such arrangements for the emptying, without charge, of privies serving one or more private dwellings in its area as the authority considers appropriate;

(b)if requested by the person who controls a cesspool serving only one or more private dwellings in its area to empty the cesspool, to remove such of the contents of the cesspool as the authority considers appropriate on payment, if the authority so requires, of a reasonable charge.

(6)A waste collection authority may, if requested by the person who controls any other privy or cesspool in its area to empty the privy or cesspool, empty the privy or, as the case may be, remove from the cesspool such of its contents as the authority consider appropriate on payment, if the authority so requires, of a reasonable charge.

(7)A waste collection authority may—

(a)construct, lay and maintain, within or outside its area, pipes and associated works for the purpose of collecting waste;

(b)contribute towards the cost incurred by another person in providing or maintaining pipes or associated works connecting with pipes provided by the authority under paragraph (a) above.

(8)A waste collection authority may contribute towards the cost incurred by another person in providing or maintaining plant or equipment intended to deal with commercial or industrial waste before it is collected under arrangements made by the authority under subsection (1)(b) or (2) above.

(9)Subject to section 48(1) below, anything collected under arrangements made by a waste collection authority under this section shall belong to the authority and may be dealt with accordingly.

(10)In relation to Scotland, sections 2, 3, 4 and 41 of the M16Sewerage (Scotland) Act 1968 (maintenance of public sewers etc.) shall apply in relation to pipes and associated works provided or to be provided under subsection (7)(a) above as those sections apply in relation to public sewers but as if—

[F195(a)the said section 2 conferred a power on a waste collection authority rather than a duty on [F196Scottish Water] ;

(b)in the said section 3—

(i)references to [F196Scottish Water] were references to a waste collection authority; and

(ii)in references to public sewers and public sewage works the word “public” were omitted;

(c)in the said section 4, the reference to [F196Scottish Water] were a reference to a waste collection authority and the words from “by virtue” to the end were omitted; and

(d)in the said section 41, the reference to [F196Scottish Water] were a reference to a waste collection authority,]

and the M17Pipe-lines Act 1962 shall not apply to pipes and associated works provided or to be provided under the said subsection (7)(a).

[F197(10A)Where a waste collection authority, in the exercise of its powers under subsection (7)(a) above, proposes to execute works outside its area, it shall, in addition to any notice served under section 3(2) of the Sewerage (Scotland) Act 1968 as applied by virtue of subsection (10) above, serve notice of its intention on the waste collection authority within whose area it is proposed to execute the works together with a description of the proposed works and if, within two months after the service of the notice, the waste collection authority on whom it was served objects to the proposed works, and that objection is not withdrawn, the first-mentioned authority shall not proceed to execute the works without consent aftermentioned but may refer the matter for the determination of the Scottish Ministers who may grant consent to the proposed works either unconditionally or subject to such terms and conditions as they think just, or who may withhold their consent, and their decision on the matter shall be final.]

(11)In the application of this section to Scotland, subsection (5)(b) and the references to a cesspool occurring in subsection (6) shall be omitted.

(12)[F198In this section “privy” means a latrine which has a moveable receptacle and “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings.]

[F198In this section—

  • “privy” means a latrine which has a moveable receptacle;

  • “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; and

  • “rural area” has the same meaning as in section 34(4B).]

Textual Amendments

F192Word in s. 45(1)(a) omitted (S.) (17.5.2012) by virtue of The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(4)(a)(i)

F193S. 45(1)(c) and word inserted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(4)(a)(ii)

F195S. 45(10)(a)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 167(6); S.I. 1996/323, art. 4(1)(c)

Commencement Information

I13S. 45 partly in force; s. 45 in force for certain purposes at 14.2.1992, s. 45(1)(3)-(12) wholly in force and s. 45(2) in force (S) at 1.4.1992 see s. 164(3) and S.I. 1992/266, arts. 2, 3.

Marginal Citations

[F19945AEngland: separate collection of household wasteE+W

(1)This section applies in relation to arrangements made under section 45(1)(a) for an English waste collection authority to collect household waste, unless they are arrangements in relation to which section 45AZA applies.

(2)The arrangements must meet the conditions in subsections (3) to (8) (subject to any provision in regulations under section 45AZC).

(3)The first condition is that recyclable household waste must be collected separately from other household waste.

(4)The second condition is that recyclable household waste must be collected for recycling or composting.

(5)The third condition is that recyclable household waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).

(6)Recyclable household waste in two or more recyclable waste streams may be collected together where—

(a)it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or

(b)collecting recyclable household waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).

(7)But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e) or (f).

(8)The fourth condition is that recyclable household waste which is food waste must be collected at least once a week.

(9)Household waste is “recyclable household waste” if—

(a)it is within any of the recyclable waste streams, and

(b)it is of a description specified in regulations made by the Secretary of State.

(10)For the purposes of this section the recyclable waste streams are—

(a)glass;

(b)metal;

(c)plastic;

(d)paper and card;

(e)food waste;

(f)garden waste.

Textual Amendments

F199Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)

Modifications etc. (not altering text)

45AZAEngland: separate collection of household waste from relevant non-domestic premisesE+W+S

(1)This section applies in relation to arrangements for household waste to be collected from relevant non-domestic premises in England by a person who, in collecting the waste—

(a)is acting in the course of a business (whether or not for profit), or

(b)is exercising a public function (including a function under section 45(1)(a)).

(2)The arrangements must meet the conditions in subsections (3) to (7) (subject to any provision in regulations under section 45AZC).

(3)The first condition is that recyclable household waste must be collected separately from other household waste.

(4)The second condition is that recyclable household waste must be collected for recycling or composting.

(5)The third condition is that recyclable household waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).

(6)Recyclable household waste in two or more recyclable waste streams may be collected together where—

(a)it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or

(b)collecting recyclable household waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).

(7)But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e).

(8)The person who presents household waste from the premises for collection under the arrangements must present it separated in accordance with the arrangements.

This subsection does not apply so far as the person is subject to an equivalent duty by virtue of a notice under section 46.

(9)Household waste is “recyclable household waste” if—

(a)it is within any of the recyclable waste streams, and

(b)it is of a description specified in regulations made by the Secretary of State.

(10)For the purposes of this section the “recyclable waste streams” are—

(a)glass;

(b)metal;

(c)plastic;

(d)paper and card;

(e)food waste.

(11)For the purposes of this section “relevant non-domestic premises” means—

(a)a residential home;

(b)premises forming part of a university or school or other educational establishment;

(c)premises forming part of a hospital or nursing home;

(d)premises of a description specified in regulations made by the Secretary of State.

(12)Regulations under subsection (11)(d) may not specify domestic properties (within the meaning of section 75(5)(a)).

Textual Amendments

F199Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)

Modifications etc. (not altering text)

45AZBEngland: separate collection of industrial or commercial wasteE+W+S

(1)This section applies in relation to arrangements for industrial or commercial waste to be collected from premises in England by a person who, in collecting the waste—

(a)is acting in the course of a business (whether or not for profit), or

(b)is exercising a public function (including a function under section 45(1)(b) or (2)).

(2)So far as they relate to waste which is similar in nature and composition to household waste (“relevant waste”) the arrangements must meet the conditions in subsections (3) to (7).

This is subject to any provision in regulations under section 45AZC.

(3)The first condition is that recyclable relevant waste must be collected separately from other relevant waste.

(4)The second condition is that recyclable relevant waste must be collected for recycling or composting.

(5)The third condition is that recyclable relevant waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).

(6)Recyclable relevant waste in two or more recyclable waste streams may be collected together where—

(a)it is not technically or economically practicable to collect recyclable relevant waste in those recyclable waste streams separately, or

(b)collecting recyclable relevant waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).

(7)But recyclable relevant waste within subsection (10)(a) to (d) may not be collected together with recyclable relevant waste within subsection (10)(e).

(8)The person who presents relevant waste from the premises for collection under the arrangements must present it separated in accordance with the arrangements.

This subsection does not apply so far as the person is subject to an equivalent duty by virtue of a notice under section 47.

(9)Relevant waste is “recyclable relevant waste” if—

(a)it is within any of the recyclable waste streams, and

(b)it is of a description specified in regulations made by the Secretary of State.

(10)For the purposes of this section the “recyclable waste streams” are—

(a)glass;

(b)metal;

(c)plastic;

(d)paper and card;

(e)food waste.

Textual Amendments

F199Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)

Modifications etc. (not altering text)

45AZCSections 45A to 45AZB: powers to exempt and extendE+W+S

(1)The Secretary of State may by regulations provide—

(a)for exemptions from the condition in section 45A(5), 45AZA(5) or 45AZB(5);

(b)for exemptions from the application of section 45AZA or 45AZB;

(c)for exemptions from the application of section 45AZA or 45AZB in relation to household waste or relevant waste in recyclable waste streams specified in the regulations.

(2)The Secretary of State may exercise the power in subsection (1)(a) in relation to two or more recyclable waste streams only if satisfied that doing so will not significantly reduce the potential for recyclable household waste or recyclable relevant waste in those waste streams to be recycled or composted.

(3)The Secretary of State may by regulations amend sections 45A to 45AZB so as to—

(a)add further recyclable waste streams, and

(b)make provision about the extent to which recyclable household waste or recyclable relevant waste in any of those waste streams may or may not be collected together with recyclable household waste or recyclable relevant waste in another recyclable waste stream.

(4)The Secretary of State may exercise the power in subsection (3)(a) in relation to a waste stream only if satisfied that—

(a)there is waste in that waste stream which is suitable for recycling or composting, and recycling or composting it will have an environmental benefit,

(b)all English waste collection authorities can make arrangements for collecting waste in that waste stream which comply with the conditions in section 45A, 45AZA or 45AZB (as appropriate), taking account of any amendments to be made under subsection (3)(b), and

(c)there is a market for it after its collection.

(5)Before making regulations under this section the Secretary of State must consult—

(a)the Environment Agency,

(b)English waste collection authorities,

(c)English waste disposal authorities, and

(d)anyone else the Secretary of State considers appropriate.

(6)The requirement in subsection (5) may be met by consultation carried out before this section comes into force.

Textual Amendments

F199Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)

45AZDSections 45A to 45AZB: duties of waste collectorsE+W+S

(1)Subsection (2) applies where—

(a)a person collects or proposes to collect waste under arrangements to which section 45A, 45AZA or 45AZB applies, and

(b)the arrangements include arrangements to collect recyclable household waste or recyclable relevant waste in two or more recyclable waste streams together in reliance on section 45A(6), 45AZA(6) or 45AZB(6).

(2)The person must prepare a written assessment of why the person considers that the section relied on applies.

Textual Amendments

F199Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)

45AZESections 45 to 45AZD: guidanceE+W+S

(1)The Secretary of State may issue guidance about the duties imposed by sections 45 to 45AZD.

(2)The guidance may in particular deal with—

(a)the circumstances in which it may not be technically or economically practicable to collect recyclable household waste or recyclable relevant waste in recyclable waste streams separately, or in which separate collection may not have significant environmental benefit;

(b)the frequency with which household waste other than recyclable household waste which is food waste should be collected;

(c)the kinds of waste which are relevant waste for the purposes of section 45AZB;

(d)assessments under section 45AZD.

(3)The guidance may make different provision in relation to sections 45A, 45AZA and 45AZB.

(4)Before issuing guidance under this section the Secretary of State must consult—

(a)the Environment Agency,

(b)English waste collection authorities,

(c)English waste disposal authorities, and

(d)anyone else the Secretary of State considers appropriate.

(5)The requirement in subsection (4) may be met by consultation carried out before this section comes into force.

(6)A waste collection authority, and any party to arrangements to which section 45AZA or 45AZB applies, must have regard to the guidance

(7)The Secretary of State must lay before Parliament, and publish, the guidance.

Textual Amendments

F199Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)

45AZFSections 45AZA and 45AZB: compliance noticesE+W+S

(1)This section applies where the Environment Agency considers that a person other than an English waste collection authority—

(a)is a party to arrangements for the collection of household waste which fail to comply with section 45AZA,

(b)is a party to arrangements for the collection of relevant waste which fail to comply with section 45AZB, or

(c)is failing to comply with section 45AZA(8) or 45AZB(8).

(2)It may give that person a notice (a “compliance notice”) requiring them to take specified steps within a specified period to secure that the failure does not continue or recur.

(3)A compliance notice must—

(a)specify the failures to comply with section 45AZA or 45AZB,

(b)specify the steps which must be taken for the purpose of preventing the failure continuing or recurring,

(c)specify the period within which those steps must be taken, and

(d)give information as to the rights of appeal (including the period within which an appeal must be brought).

(4)A person who fails to comply with a compliance notice commits an offence.

(5)A person who commits an offence under subsection (4) is liable on summary conviction or conviction on indictment to a fine.

Textual Amendments

F199Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)

45AZGSections 45AZA and 45AZB: appeals against compliance noticesE+W+S

(1)A person who is given a compliance notice may appeal to the First-tier Tribunal against—

(a)the notice, or

(b)any requirement in the notice.

(2)The notice or requirement has effect pending the determination of the appeal, unless the tribunal decides otherwise.

(3)The tribunal may—

(a)quash the notice or requirement,

(b)confirm the notice or requirement,

(c)vary the notice or requirement,

(d)take any steps the Environment Agency could take in relation to the failure giving rise to the notice or requirement, or

(e)remit any matter relating to the notice or requirement to the Environment Agency.]

Textual Amendments

F199Ss. 45A-45AZG substituted for s. 45A (17.5.2024) by Environment Act 2021 (c. 30), ss. 57(4), 147(3) (with s. 144); S.I. 2024/639, reg. 2(a) (with regs. 5, 6, 7, Sch.)

[F20045AAWales: separate collection etc. of wasteE+W

(1)Where a waste collection authority in Wales arranges for the collection of controlled waste in its area under section 45, it must arrange for the waste to be collected in accordance with any applicable separation requirements.

(2)A person acting in the course of a business who—

(a)collects controlled waste from premises in Wales, or

(b)receives, keeps, treats or transports controlled waste in Wales,

must do so in accordance with any applicable separation requirements.

(3)For the purposes of subsection (2), a person is acting in the course of a business if the person is—

(a)carrying on any business or undertaking, whether for profit or not, or

(b)exercising any functions of a public nature.

(4)An occupier of premises in Wales who presents controlled waste for collection (whether by a waste collection authority or by any other person) must do so in accordance with any applicable separation requirements.

(5)Subsection (4) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).

(6)A separation requirement is a requirement to take steps specified in regulations made by the Welsh Ministers for the purpose of ensuring or maintaining the separation of one or more types of waste from other types of waste or from other substances or articles.

(7)A separation requirement is applicable in the circumstances specified in relation to that requirement in regulations made by the Welsh Ministers.

(8)A person commits an offence if the person fails without reasonable excuse to comply with subsection (2) or (4).

(9)A person who commits an offence under subsection (8) is liable on summary conviction, or on conviction on indictment, to a fine.

(10)The Welsh Ministers may by regulations make provision (which may include provision amending this section)—

(a)for subsection (1) or (2) to apply subject to exceptions;

(b)for subsection (4) to apply subject to exceptions in addition to those in subsection (5).

(11)Regulations under this section may make different provision for different purposes, different cases (including different persons, premises or types of waste) and different areas.

Textual Amendments

F200Ss. 45AA, 45AB inserted (E.W.) (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 65, 88(3)(b); S.I. 2023/1096, art. 2(a)

45ABCode of practiceE+W

(1)The Welsh Ministers may issue one or more codes of practice for the purpose of giving practical guidance about how to comply with requirements imposed by or under section 45AA.

(2)The Welsh Ministers may revoke or revise a code of practice issued under this section.

(3)Before issuing a code of practice (or revised code), the Welsh Ministers must consult such persons as they think appropriate.

(4)Where the Welsh Ministers issue a code of practice (or revised code) they must—

(a)publish the code, and

(b)lay a copy before the National Assembly for Wales.

(5)A code of practice issued under this section is admissible in evidence in any proceedings and must be taken into account by a court in determining any question to which it appears to the court to be relevant.]

Textual Amendments

F200Ss. 45AA, 45AB inserted (E.W.) (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 65, 88(3)(b); S.I. 2023/1096, art. 2(a)

F20145BPower to apply section 45A to Welsh waste collection authoritiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F20245CSeparate collection of dry recyclable waste and food waste: ScotlandS

(1)This section applies to a waste collection authority whose area is in Scotland (an “authority”) when the authority is making an arrangement in accordance with section 45(1)(a).

(2)An authority must, from 1st January 2014, arrange for there to be provided to the occupier of every domestic property in its area such receptacles as will enable the separate collection of dry recyclable waste from the property.

(3)An authority need not arrange for a receptacle to be provided under subsection (2) if—

(a)the property is in a rural area, and the authority considers that the separate collection of dry recyclable waste from the property would not be environmentally or economically practicable; or

(b)the authority considers that dry recyclable waste if not presented in a receptacle will be deposited at a bring site.

[F203(4)An authority need not comply with subsection (2) to the extent that—

(a)it considers that—

(i)such non-compliance will not affect the potential of the waste to undergo preparing for re-use, recycling or other recovery operations, and

(ii)the resulting output will be of comparable quantity and quality to that achieved if subsection (2) were complied with, and

(b)it is satisfied that dry recyclable waste will not be mixed with other waste that cannot be recycled.]

(5)An authority must, from 1st January 2016, arrange for there to be provided to the occupier of every domestic property in its area (apart from a property in a rural area)—

(a)a receptacle which enables the separate collection of food waste from the property; or