xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

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)

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

[F133BSection 33 offences: clean-up costsE+W

[F2(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 [F3or extractive waste];

(b)under [F4regulation 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 [F5section 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;

[F6(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 [F7, the Natural Resources Body for Wales] or a waste collection authority, include any costs which the Agency [F8, Body] or authority has already recovered under section 59(8) below.

(5)[F9Subject to subsection (6) below,] in relation to the costs referred to in subsection (2) above, [F10a 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).

[F11(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

F3Words 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)