Office of Public Sector Information
PART II continued
(1) Without prejudice to the powers of waste disposal authorities apart from this section, a waste disposal authority may—
(a) do such things as the authority considers appropriate for the purpose of—
(i) enabling waste belonging to the authority, or belonging to another person who requests the authority to deal with it under this section, to be recycled; or
(ii) enabling waste to be used for the purpose of producing from it heat or electricity or both;
(b) buy or otherwise acquire waste with a view to its being recycled;
(c) use, sell or otherwise dispose of waste belonging to the authority or anything produced from such waste.
(2) This section applies to Scotland only.
(1) The Secretary of State may, by notice in writing, direct the holder of any waste management licence to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms.
(2) The Secretary of State may, by notice in writing, direct any person who is keeping controlled waste on any land to deliver the waste to a specified person on specified terms with a view to its being treated or disposed of by that other person.
(3) A direction under this section may impose a requirement as respects waste of any specified kind or as respects any specified consignment of waste.
(4) A direction under subsection (2) above may require the person who is directed to deliver the waste to pay to the specified person his reasonable costs of treating or disposing of the waste.
(5) A person who fails, without reasonable excuse, to comply with a direction under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) A person shall not be guilty of an offence under any other enactment prescribed by the Secretary of State by regulations made for the purposes of this subsection by reason only of anything necessarily done or omitted in order to comply with a direction under this section.
(7) The Secretary of State may, where the costs of the treatment or disposal of waste are not paid or not fully paid in pursuance of subsection (4) above to the person treating or disposing of the waste, pay the costs or the unpaid costs, as the case may be, to that person.
(8) In this section “specified” means specified in a direction under this section.
In relation to Scotland, the Secretary of State may give directions to a waste disposal authority to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms; and it shall be the duty of the authority to give effect to the directions.
(1) If any controlled waste is deposited in or on any land in the area of a waste regulation authority or waste collection authority in contravention of section 33(1) above, the authority may, by notice served on him, require the occupier to do either or both of the following, that is—
(a) to remove the waste from the land within a specified period not less than a period of twenty-one days beginning with the service of the notice;
(b) to take within such a period specified steps with a view to eliminating or reducing the consequences of the deposit of the waste.
(2) A person on whom any requirements are imposed under subsection (1) above may, within the period of twenty-one days mentioned in that subsection, appeal against the requirement to a magistrates' court or, in Scotland, to the sheriff by way of summary application.
(3) On any appeal under subsection (2) above the court shall quash the requirement if it is satisfied that—
(a) the appellant neither deposited nor knowingly caused nor knowingly permitted the deposit of the waste; or
(b) there is a material defect in the notice;
and in any other case shall either modify the requirement or dismiss the appeal.
(4) Where a person appeals against any requirement imposed under subsection (1) above, the requirement shall be of no effect pending the determination of the appeal; and where the court modifies the requirement or dismisses the appeal it may extend the period specified in the notice.
(5) If a person on whom a requirement imposed under subsection (1) above fails, without reasonable excuse, to comply with the requirement he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and to a further fine of an amount equal to one-tenth of level 5 on the standard scale for each day on which the failure continues after conviction of the offence and before the authority has begun to exercise its powers under subsection (6) below.
(6) Where a person on whom a requirement has been imposed under subsection (1) above by an authority fails to comply with the requirement the authority may do what that person was required to do and may recover from him any expenses reasonably incurred by the authority in doing it.
(7) If it appears to a waste regulation authority or waste collection authority that waste has been deposited in or on any land in contravention of section 33(1) above and that—
(a) in order to remove or prevent pollution of land, water or air or harm to human health it is necessary that the waste be forthwith removed or other steps taken to eliminate or reduce the consequences of the deposit or both; or
(b) there is no occupier of the land; or
(c) the occupier neither made nor knowingly permitted the deposit of the waste;
the authority may remove the waste from the land or take other steps to eliminate or reduce the consequences of the deposit or, as the case may require, to remove the waste and take those steps.
(8) Where an authority exercises any of the powers conferred on it by subsection (7) above it shall be entitled to recover the cost incurred by it in removing the waste or taking the steps or both and in disposing of the waste—
(a) in a case falling within subsection (7)(a) above, from the occupier of the land unless he proves that he neither made nor knowingly caused nor knowingly permitted the deposit of the waste;
(b) in any case, from any person who deposited or knowingly caused or knowingly permitted the deposit of any of the waste;
except such of the cost as the occupier or that person shows was incurred unnecessarily.
(9) Any waste removed by an authority under subsection (7) above shall belong to that authority and may be dealt with accordingly.
(1) No person shall sort over or disturb—
(a) anything deposited at a place for the deposit of waste provided by a waste collection authority, by a waste disposal contractor under arrangements made with a waste disposal authority or by any other local authority or person or, in Scotland, by a waste disposal authority;
(b) anything deposited in a receptacle for waste, whether for public or private use, provided by a waste collection authority, by a waste disposal contractor under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence or, in Scotland, by a waste disposal authority or a roads authority; or
(c) the contents of any receptacle for waste which, in accordance with a requirement under section 46 or 47 above, is placed on any highway or, in Scotland, road or in any other place with a view to its being emptied;
unless he has the relevant consent or right to do so specified in subsection (2) below.
(2) The consent or right that is relevant for the purposes of subsection (1)(a), (b) or (c) above is—
(a) in the case of paragraph (a), the consent of the authority, contractor or other person who provides the place for the deposit of the waste;
(b) in the case of paragraph (b), the consent of the authority, contractor or other person who provides the receptacle for the deposit of the waste;
(c) in the case of paragraph (c), the right to the custody of the receptacle, the consent of the person having the right to the custody of the receptacle or the right conferred by the function by or under this Part of emptying such receptacles.
(3) A person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
(1) Except as respects land in relation to which a site licence is in force, it shall be the duty of every waste regulation authority to cause its area to be inspected from time to time to detect whether any land is in such a condition, by reason of the relevant matters affecting the land, that it may cause pollution of the environment or harm to human health.
(2) The matters affecting land relevant for the purposes of this section are the concentration or accumulation in, and emission or discharge from, the land of noxious gases or noxious liquids caused by deposits of controlled waste in the land.
(3) For the purpose of discharging the duty imposed by subsection (1) above on a waste regulation authority, the authority may enter and inspect any land—
(a) in or on which controlled waste has been deposited at any time under the authority of a waste management licence or a disposal licence under section 5 of the [1974 c. 40.] Control of Pollution Act 1974; or
(b) as respects which the authority has reason to believe that controlled waste has been deposited in the land at any time (whether before or after 1st January 1976); or
(c) in which there are, or the authority has reason to believe there may be, concentrations or accumulations of noxious gases or noxious liquids.
In this subsection “controlled waste” means household, industrial or commercial waste as defined in section 75(5), (6) and (7) below (subject, if the regulations so provide, to regulations under section 63(1) or 75(8) below).
(4) Where it appears to a waste regulation authority that the condition of any land in its area is such as is specified in subsection (1) above it shall be the duty of the authority, from time to time during the period of its responsibility for the land, to enter and inspect the land for the purpose of keeping its condition under review.
(5) Where, at any time during the period of its responsibility for any land, it appears to a waste regulation authority that the condition of the land is, by reason of the relevant matters affecting the land, such that pollution of water is likely to be caused, it shall be the duty of the authority to consult the National Rivers Authority or, in Scotland, the river purification authority whose area includes the land in question as to the discharge by the authority of the duty imposed on it in relation to the land by subsection (7) below.
(6) The “period of responsibility” for any land for the purposes of subsections (4) and (5) above extends from the time at which the condition of the land first appears to the authority to be such as is referred to in that subsection until the authority is satisfied that no pollution of the environment or harm to human health will be caused by reason of the relevant matters affecting the land.
(7) Where, on an inspection by a waste regulation authority of any land under this section, it appears to the authority that the condition of the land is, by reason of the relevant matters affecting the land, such that pollution of the environment or harm to human health is likely to be caused it shall be the duty of the authority to do such works and take such other steps (whether on the land affected or on adjacent land) as appear to the authority to be reasonable to avoid such pollution or harm.
(8) Where an authority exercises in relation to waste on any land the duty imposed by subsection (7) above, the authority shall, except in a case falling within subsection (9) below, be entitled to recover the cost or part of the cost incurred in doing so from the person who is for the time being the owner of the land, except such of the cost as that person shows was incurred unreasonably.
(9) Subsection (8) above does not apply in a case where the authority accepted the surrender under section 39 above of the waste management licence which authorised the activities in the course of which the waste was deposited.
(10) In deciding whether to recover the cost and, if so, how much to recover of the cost which it is entitled to recover under subsection (8) above, the authority shall have regard to any hardship which the recovery may cause to the owner of the land.
(11) It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State as respects the discharge of their functions under this section.
(1) If the Secretary of State considers that controlled waste of any kind is or may be so dangerous or difficult to treat, keep or dispose of that special provision is required for dealing with it he shall make provision by regulations for the treatment, keeping or disposal of waste of that kind (“special waste”).
(2) Without prejudice to the generality of subsection (1) above, the regulations may include provision—
(a) for the giving of directions by waste regulation authorities with respect to matters connected with the treatment, keeping or disposal of special waste;
(b) for securing that special waste is not, while awaiting treatment or disposal in pursuance of the regulations, kept at any one place in quantities greater than those which are prescribed and in circumstances which differ from those which are prescribed;
(c) in connection with requirements imposed on consignors or consignees of special waste, imposing, in the event of non-compliance, requirements on any person carrying the consignment to re-deliver it as directed;
(d) for requiring the occupier of premises on which special waste is situated to give notice of that fact and other prescribed information to a prescribed authority;
(e) for the keeping of records by waste regulation authorities and by persons who import, export, produce, keep, treat or dispose of special waste or deliver it to another person for treatment or disposal, for the inspection of the records and for the furnishing by such persons to waste regulation authorities of copies of or information derived from the records;
(f) for the keeping in the register under section 64(1) below of copies of such of those records, or such information derived from those records, as may be prescribed;
(g) providing that a contravention of the regulations shall be an offence and prescribing the maximum penalty for the offence, which shall not exceed, on summary conviction, a fine at level 5 on the standard scale and, on conviction on indictment, imprisonment for a term of two years or a fine or both.
(3) Without prejudice to the generality of subsection (1) above, the regulations may include provision—
(a) for the supervision by waste regulation authorities of activities authorised by virtue of the regulations and for the recovery of the costs incurred by them from the persons carrying on the activities;
(b) as to the recovery of expenses or other charges for the treatment, keeping or disposal or the re-delivery of special waste in pursuance of the regulations;
(c) as to appeals to the Secretary of State from decisions of waste regulation authorities under the regulations.
(4) In the application of this section to Northern Ireland “waste regulation authority” means a district council established under the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972.
(1) The Secretary of State may, after consultation with such bodies as he considers appropriate, make regulations providing that prescribed provisions of this Part shall have effect in a prescribed area—
(a) as if references in those provisions to controlled waste or controlled waste of a kind specified in the regulations included references to such waste as is mentioned in section 75(7)(c) below which is of a kind so specified; and
(b) with such modifications as may be prescribed;
and the regulations may make such modifications of other enactments as the Secretary of State considers appropriate.
(2) A person who—
(a) deposits any waste other than controlled waste, or
(b) knowingly causes or knowingly permits the deposit of any waste other than controlled waste,
in a case where, if the waste were special waste and any waste management licence were not in force, he would be guilty of an offence under section 33 above shall, subject to subsection (3) below, be guilty of that offence and punishable accordingly.
(3) No offence is committed by virtue of subsection (2) above if the act charged was done under and in accordance with any consent, licence, approval or authority granted under any enactment (excluding any planning permission under the enactments relating to town and country planning).
(4) Section 45(2) and section 47(1) above shall apply to waste other than controlled waste as they apply to controlled waste.
(1) Subject to sections 65 and 66 below, it shall be the duty of each waste regulation authority to maintain a register containing prescribed particulars of or relating to—
(a) current or recently current licences (“licences”) granted by the authority;
(b) current or recently current applications to the authority for licences;
(c) applications made to the authority under section 37 above for the modification of licences;
(d) notices issued by the authority under section 37 above effecting the modification of licences;
(e) notices issued by the authority under section 38 above effecting the revocation or suspension of licences or imposing requirements on the holders of licences;
(f) appeals under section 43 above relating to decisions of the authority;
(g) certificates of completion issued by the authority under section 39(9) above;
(h) notices issued by the authority imposing requirements on the holders of licences under section 42(5) above;
(i) convictions of the holders of licences granted by the authority for any offence under this Part (whether in relation to a licence so granted or not);
(j) the occasions on which the authority has discharged any function under section 42 or 61 above;
(k) directions given to the authority under any provision of this Part by the Secretary of State;
(l) in Scotland, resolutions made by the authority under section 54 above;
(m) such matters relating to the treatment, keeping or disposal of waste in the area of the authority or any pollution of the environment caused thereby as may be prescribed;
and any other document or information required to be kept in the register under any provision of this Act.
(2) Where information of any description is excluded from any register by virtue of section 66 below, a statement shall be entered in the register indicating the existence of information of that description.
(3) For the purposes of subsection (1) above licences are “recently” current for the period of twelve months after they cease to be in force and applications for licences are “recently” current if they relate to a licence which is current or recently current or, in the case of an application which is rejected, for the period of twelve months beginning with the date on which the waste regulation authority gives notice of rejection or, as the case may be, on which the application is deemed by section 36(9) above to have been rejected.
(4) It shall be the duty of each waste collection authority in England which is not a waste regulation authority to maintain a register containing prescribed particulars of such information contained in any register maintained under subsection (1) above as relates to the treatment, keeping or disposal of controlled waste in the area of the authority.
(5) Waste regulation authorities in England which are not waste collection authorities shall furnish any waste collection authorities in their areas with the particulars necessary to enable them to discharge their duty under subsection (4) above.
(6) Each waste regulation authority and waste collection authority shall secure that any register maintained under this section is open to inspection at its principal office by members of the public free of charge at all reasonable hours and shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.
(7) Registers under this section may be kept in any form.
(8) In this section “prescribed” means prescribed in regulations by the Secretary of State.
(1) No information shall be included in a register maintained under section 64 above (a “register”) if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.
(2) The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to the authorities maintaining registers directions—
(a) specifying information, or descriptions of information, to be excluded from their registers; or
(b) specifying descriptions of information to be referred to the Secretary of State for his determination;
and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.
(3) An authority maintaining a register shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under subsection (2) above.
(4) A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—
(a) he shall notify the authority concerned that he has done so; and
(b) no information so notified to the Secretary of State shall be included in the register kept by that authority until the Secretary of State has determined that it should be so included.
(1) No information relating to the affairs of any individual or business shall be included in a register maintained under section 64 above (a “register”), without the consent of that individual or the person for the time being carrying on that business, if and so long as the information—
(a) is, in relation to him, commercially confidential; and
(b) is not required to be included in the register in pursuance of directions under subsection (7) below;
but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the authority maintaining the register or, on appeal, by the Secretary of State.
(2) Where information is furnished to an authority maintaining a register for the purpose of—
(a) an application for, or for the modification of, a licence;
(b) complying with any condition of a licence; or
(c) complying with a notice under section 71(2) below;
then, if the person furnishing it applies to the authority to have the information excluded from the register on the ground that it is commercially confidential (as regards himself or another person), the authority shall determine whether the information is or is not commercially confidential.
(3) A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the authority fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.
(4) Where it appears to an authority maintaining a register that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the authority under or by virtue of any provision of this Part might be commercially confidential, the authority shall—
(a) give to the person to whom or whose business it relates notice that that information is required to be included in the register unless excluded under this section; and
(b) give him a reasonable opportunity—
(i) of objecting to the inclusion of the information on the grounds that it is commercially confidential; and
(ii) of making representations to the authority for the purpose of justifying any such objection;
and, if any representations are made, the authority shall, having taken the representations into account, determine whether the information is or is not commercially confidential.
(5) Where, under subsection (2) or (4) above, an authority determines that information is not commercially confidential—
(a) the information shall not be entered in the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned;
(b) that person may appeal to the Secretary of State against the decision;
and, where an appeal is brought in respect of any information, the information shall not be entered in the register pending the final determination or withdrawal of the appeal.
(6) Subsections (2) and (8) of section 43 above shall apply in relation to appeals under subsection (5) above.
(7) The Secretary of State may give to the authorities maintaining registers directions as to specified information, or descriptions of information, which the public interest requires to be included in the registers notwithstanding that the information may be commercially confidential.
(8) Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the authority shall determine whether or not that is the case.
(9) Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above.
(10) The Secretary of State may, by order, substitute for the period for the time being specified in subsection (3) above such other period as he considers appropriate.
(11) Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.
(1) Each waste regulation authority shall, for each financial year of the authority, prepare and publish a report on the discharge by the authority of its functions under this Part or under any relevant instrument.
(2) A report under subsection (1) above shall include information as respects—
(a) the licences respectively applied for, granted, in force, modified, revoked, suspended, surrendered or transferred during the year and the appeals made against decisions taken in respect of them;
(b) the exercise by the authority of its powers under sections 42, 54, 61 or 62 of this Act or any relevant instrument;
(c) the implementation of the authority’s plan under section 50 above, with particular reference to recycling waste;
(d) the number and description of prosecutions brought under this Part; and
(e) the cost incurred, and the sums received, by the authority in discharging its functions under this Part.
(3) Each waste regulation authority shall—
(a) arrange for the report for any year under subsection (1) above to be published not later than the end of the period of six months following the end of the year to which the report relates; and
(b) when it publishes it, send a copy of the report to the Secretary of State.
(4) In subsections (1) and (2) above “relevant instrument” means any instrument under section 2(2) of the [1972 c. 68.] European Communities Act 1972 under which waste regulation authorities have functions.
(1) The Secretary of State shall have the function of keeping under review the discharge by waste regulation authorities of their functions under this Part.
(2) The Secretary of State may appoint as inspectors (under whatever title he may determine) such persons having suitable qualifications as he thinks necessary for assisting him in discharging his functions under this Part, and may terminate any appointment made under this subsection.
(3) Any waste regulation authority having functions under this Part may appoint as inspectors (under whatever title the authority may determine) such persons having suitable qualifications as the authority thinks necessary for carrying this Part into effect in the authority’s area, and may terminate any appointment made under this subsection.
(4) An inspector shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under section 69 or 70 below if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
(5) In the following provisions of this Part “inspector” means a person appointed as an inspector under subsection (2) or (3) above.
(1) An inspector may, on production (if so required) of his authority, exercise any of the powers specified in subsection (3) below for the purpose of—
(a) discharging any functions conferred or imposed by or under this Part on the Secretary of State or, as the case may be, a waste regulation authority or on the inspector;
(b) determining whether, and if so in what manner, such a function should be discharged; or
(c) determining whether any provision of this Part or of an instrument under it is being complied with.
(2) Those powers are exercisable in relation to—
(a) land in or on which, or vessels in or by means of which, controlled waste is being or has been deposited, treated, kept or disposed of;
(b) land in or on which, or vessels in or by means of which, controlled waste is (on reasonable grounds) believed to be being, or to have been, deposited, treated, kept or disposed of;
(c) land which is or is (on reasonable grounds) believed to be affected by the deposit, treatment, keeping or disposal of controlled waste on other land;
and in this section “premises” means any such land or any such vessel.
(3) The powers of an inspector referred to above are—
(a) at any reasonable time (or, in a situation in which in his opinion there is an immediate risk of serious pollution of the environment or serious harm to human health, at any time) to enter premises which he has reason to believe it is necessary for him to enter;
(b) on entering any premises by virtue of paragraph (a) above to take with him—
(i) any person duly authorised by the Secretary of State or, as the case may be, the waste regulation authority and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
(ii) any equipment or materials required for any purpose for which the power of entry is being exercised;
(c) to make such examination and investigation as may in any circumstances be necessary;
(d) as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (c) above;
(e) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
(f) to take samples of any articles or substances found on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;
(g) in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);
(h) in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
(i) to examine it and do to it anything which he has power to do under that paragraph;
(ii) to ensure that it is not tampered with before his examination of it is completed;
(iii) to ensure that it is available for use as evidence in any proceedings under this Part;
(i) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) above to answer (in the absence of persons other than a person nominated to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
(j) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept under this Part or it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above and to inspect, and takes copies of, or of any entry in, the records;
(k) to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this section.
Environmental Protection Act 1990