Part II

Waste on Land

Preliminary

Preliminary.
29
1
The following provisions have effect for the interpretation of this Part.
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 or extractive waste is treated,
b
the land on which controlled waste or extractive waste is kept,
c
the land in or on which controlled waste or extractive waste is deposited,
d
fixed plant by means of which controlled waste or 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 or extractive waste is treated or disposed of as it applies to plant on land by means of which controlled waste or 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.
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
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 includes its disposal by way of deposit in or on land has 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 or 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, subject to subsection (10) below, plant which is designed to move or be moved whether on roads or other land.
10
Regulations 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.
12
“
The Environmental Permitting Regulations
” means
the Environmental Permitting (England and Wales) Regulations 2016 (
S.I. 2016/1154
).
13
The following expressions have the same meaning as in
the Environmental Permitting Regulations
—
- “environmental permit”;
- “exempt waste operation”;
- “extractive waste”;
- “mining waste operation”;
- “the Mining Waste Directive”;
- “waste operation”.
Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)
Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
S. 29 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
S. 29(1A) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 51
Words in s. 29(9) repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), regs. 73, 74(2), Sch. 21 para. 3(2), Sch. 23 (with reg. 72, Sch. 4)
S. 29(10) repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), regs. 73, 74(2), Sch. 21 para. 3(3), Sch. 23 (with reg. 72, Sch. 4)
S. 29(12)(13) added (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21 para. 3(4) (with reg. 72, Sch. 4)
Words 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)}
Words 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)}
Words 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)}
Words 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)}
S. 29(12) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), regs. 1(1)(b), 107, Sch. 26 para. 5(3) (with Sch. 4)
Words in s. 29(13) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), regs. 1(1)(b), 107, Sch. 26 para. 5(4)(a) (with Sch. 4)
S. 29(5A) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(2)(a)
Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)
S. 29(5A)(ba) inserted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(2)
Words 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)
Words in s. 29(12) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 6(3) (with regs. 1(3), 77-79, Sch. 4)
Pt. 2 modified (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 5