Office of Public Sector Information
PART II continued
(1) 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 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.
(4) The authority may, under this subsection, revoke the licence entirely.
(5) 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.
(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) 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.
(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.
(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.
(3) The holder of a site licence who desires to surrender it shall make an application for that purpose to the authority in such form, giving such information and accompanied by such evidence as the Secretary of State prescribes by regulations and accompanied by the prescribed fee payable under section 41 below.
(4) An authority which receives an application for the surrender of a site licence—
(a) shall inspect the land to which the licence 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 the National Rivers Authority; and
(b) consider any representations about the proposal which the Authority makes to it during the allowed period;
and if the Authority requests that the surrender of the licence be not accepted either of them may refer the matter to the Secretary of State and the surrender shall not be accepted except in accordance with his decision.
(8) Subsection (7) above shall not apply to Scotland, but in Scotland where the authority (not being an islands council) proposes to accept the surrender of a licence, the authority must, before it does so,—
(a) refer the proposal to—
(i) the river purification authority whose area includes any of the relevant land;
(ii) where the waste regulation authority is not also a district planning authority within the meaning of section 172 of the [1973 c. 65.] Local Government (Scotland) Act 1973, the general planning authority within the meaning of that section whose area includes any of the relevant land; and
(b) consider any representations about the proposal which the river purification authority or the general planning authority makes to it during the allowed period,
and if the river purification authority requests that the surrender of the licence be not accepted by the waste regulation authority either of them may refer the matter to the Secretary of State and the surrender shall not be accepted except in accordance with his decision.
(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.
(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 subsections (7) and (8) above.
(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.
(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 in such form and shall include such information as the Secretary of State prescribes by regulations and shall be accompanied by the prescribed fee payable under section 41 below 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) 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.
(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.
(1) There shall be charged by and paid to waste regulation authorities, in respect of applications for licences or relevant applications in respect of licences, and in respect of the holding of licences, such fees and charges as may be provided for from time to time by a scheme under subsection (2) below.
(2) The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing—
(a) fees payable in respect of applications for licences or relevant applications in respect of licences, and
(b) charges payable in respect of the subsistence of licences,
to waste regulation authorities by persons making applications for or in respect of licences, or holding licences, as the case may be.
(3) The applications in respect of licences which are relevant for the purposes of this section are—
(a) applications for a modification of the conditions of a licence;
(b) applications to surrender a licence; and
(c) applications for the transfer of a licence.
(4) The Secretary of State shall, on making or revising a scheme under subsection (2) above, lay a copy of the scheme or of the modifications made in the scheme before each House of Parliament.
(5) A waste regulation authority in England and Wales shall pay to the National Rivers Authority, and a waste regulation authority in Scotland shall pay to any river purification authority which it consults in relation to a licence, out of any fee or charge which—
(a) is payable to the authority under a scheme under subsection (2) above; and
(b) is of a description prescribed in such a scheme for the purposes of this subsection,
such amount as may be prescribed in the scheme in relation to fees or charges of that description.
(6) A scheme under subsection (2) above may in particular—
(a) provide for different fees or charges to be payable according to the description of activities authorised by licences and the descriptions and amounts of controlled waste to which those activities relate;
(b) provide for the times at which and manner in which payments of fees or charges are to be made; and
(c) make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate;
and different schemes may be made and revised for different areas.
(7) If it appears to the waste regulation authority that the holder of a licence has failed to pay a charge due in consideration of the subsistence of the licence, the authority may, by notice in writing served on the holder, revoke the licence so far as it authorises the carrying on of the activities specified in the licence.
(8) Section 38(5) above applies for the purposes of subsection (7) above as it applies for the purposes of subsection (3) of that section.
(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.
(2) Where, at any time during the subsistence of a licence, it appears to the waste regulation authority that pollution of water is likely to be caused by the activities to which the licence relates, it shall be the duty of the authority to consult the National Rivers Authority or, in Scotland, the river purification authority whose area includes any of the relevant land as to the discharge by the authority of the duty imposed on it by subsection (1) above.
(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 the holder of the licence or, if the licence has been surrendered, from the former holder of it, 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, then, without prejudice to any proceedings under section 33(6) above, the authority may—
(a) require the licence holder to comply with the condition within a specified time; and
(b) if in the opinion of the authority the licence holder has not complied with the condition within that time, 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.
(7) Where a licence is revoked or suspended under subsection (6) above, subsections (5) or (8) and (9), (10) and (12) of section 38 above shall apply with the necessary modifications as they respectively apply to revocations or suspensions of licences under that section; and the power to make a requirement under subsection (5)(a) above shall be exercisable by notice served on the holder of the licence (and “specified” shall be construed accordingly).
(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.
(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—
(a) the Secretary of State may refer any matter involved in the appeal to a person appointed by him for the purpose;
(b) the Secretary of State may, instead of determining the appeal himself, direct that the appeal or any matter involved in it shall be determined by a person appointed by him for the purpose (who shall have the same powers as the Secretary of State);
(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).
(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.
A person who, in an application for a licence, for a modification of the conditions of a licence or for the surrender or transfer of a licence, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.
(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; and
(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.
(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 [1968 c. 47.] Sewerage (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—
(a) the said section 2 conferred a power and did not impose a duty on a local authority to do the things mentioned in that section;
(b) in the said section 4, the words from “but before any person” to the end were omitted,
and the [1962 c. 58.] Pipe-lines Act 1962 shall not apply to pipes and associated works provided or to be provided under the said subsection (7)(a).
(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) In 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.
(1) Where a waste collection authority has a duty by virtue of section 45(1)(a) above to arrange for the collection of household waste from any premises, the authority may, by notice served on him, require the occupier to place the waste for collection in receptacles of a kind and number specified.
(2) The kind and number of the receptacles required under subsection (1) above to be used shall be such only as are reasonable but, subject to that, separate receptacles or compartments of receptacles may be required to be used for waste which is to be recycled and waste which is not.
(3) In making requirements under subsection (1) above the authority may, as respects the provision of the receptacles—
(a) determine that they be provided by the authority free of charge;
(b) propose that they be provided, if the occupier agrees, by the authority on payment by him of such a single payment or such periodical payments as he agrees with the authority;
(c) require the occupier to provide them if he does not enter into an agreement under paragraph (b) above within a specified period; or
(d) require the occupier to provide them.
(4) In making requirements as respects receptacles under subsection (1) above, the authority may, by the notice under that subsection, make provision with respect to—
(a) the size, construction and maintenance of the receptacles;
(b) the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
(c) the placing of the receptacles for that purpose on highways or, in Scotland, roads;
(d) the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and
(e) the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
(5) No requirement shall be made under subsection (1) above for receptacles to be placed on a highway or, as the case may be, road, unless—
(a) the relevant highway authority or roads authority have given their consent to their being so placed; and
(b) arrangements have been made as to the liability for any damage arising out of their being so placed.
(6) A person who fails, without reasonable excuse, to comply with any requirements imposed under subsection (1), (3)(c) or (d) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where an occupier is required under subsection (1) above to provide any receptacles he may, within the period allowed by subsection (8) below, appeal to a magistrates' court or, in Scotland, to the sheriff by way of summary application against any requirement imposed under subsection (1), subsection (3)(c) or (d) or (4) above on the ground that—
(a) the requirement is unreasonable; or
(b) the receptacles in which household waste is placed for collection from the premises are adequate.
(8) The period allowed to the occupier of premises for appealing against such a requirement is the period of twenty-one days beginning—
(a) in a case where a period was specified under subsection (3)(c) above, with the end of that period; and
(b) where no period was specified, with the day on which the notice making the requirement was served on him.
(9) Where an appeal against a requirement is brought under subsection (7) above—
(a) the requirement shall be of no effect pending the determination of the appeal;
(b) the court shall either quash or modify the requirement or dismiss the appeal; and
(c) no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under subsection (6) above.
(10) In this section—
“receptacle” includes a holder for receptacles; and
“specified” means specified in a notice under subsection (1) above.
(1) A waste collection authority may, at the request of any person, supply him with receptacles for commercial or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge.
(2) If it appears to a waste collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality, the authority may, by notice served on him, require the occupier of the premises to provide at the premises receptacles for the storage of such waste of a kind and number specified.
(3) The kind and number of the receptacles required under subsection (2) above to be used shall be such only as are reasonable.
(4) In making requirements as respects receptacles under subsection (2) above, the authority may, by the notice under that subsection, make provision with respect to—
(a) the size, construction and maintenance of the receptacles;
(b) the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
(c) the placing of the receptacles for that purpose on highways or, in Scotland, roads;
(d) the substances or articles which may or may not be put into the receptacles and the precautions to be taken where particular substances or articles are put into them; and
(e) the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
(5) No requirement shall be made under subsection (2) above for receptacles to be placed on a highway or, as the case may be, road unless—
(a) the relevant highway authority or roads authority have given their consent to their being so placed; and
(b) arrangements have been made as to the liability for any damage arising out of their being so placed.
(6) A person who fails, without reasonable excuse, to comply with any requirements imposed under subsection (2) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where an occupier is required under subsection (2) above to provide any receptacles he may, within the period allowed by subsection (8) below, appeal to a magistrates' court or, in Scotland, to the sheriff by way of summary application against any requirement imposed under subsection (2) or (4) above on the ground that—
(a) the requirement is unreasonable; or
(b) the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality.
(8) The period allowed to the occupier of premises for appealing against such a requirement is the period of twenty-one days beginning with the day on which the notice making the requirement was served on him.
(9) Where an appeal against a requirement is brought under subsection (7) above—
(a) the requirement shall be of no effect pending the determination of the appeal;
(b) the court shall either quash or modify the requirement or dismiss the appeal; and
(c) no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under subsection (6) above.
(10) In this section—
“receptacle” includes a holder for receptacles; and
“specified” means specified in a notice under subsection (2) above.
Environmental Protection Act 1990