Environmental Protection Act 1990

57 Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.E+W

(1)The Secretary of State may, by notice in writing, direct the holder of any [F1environmental permit authorising a waste operation] to accept and keep, or accept and treat or dispose of, [F2waste] at specified places on specified terms.

(2)The Secretary of State may, by notice in writing, direct any person who is keeping [F2waste] 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.

[F3(7A)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F5(8)In this section—

  • “specified” means specified in a direction under this section; and

  • [F6“waste” means anything that is waste within the meaning of Article 3(1) of [F7the Waste Framework Directive] including anything excluded from the scope of that Directive by Article 2(1)(f) or 2(2)(b) or (c), but not including anything excluded by the remainder of that Article]]

Textual Amendments

Modifications etc. (not altering text)

C4S. 57 modified (E.) (13.4.2001) by S.I. 2001/1478, reg. 2(1)

S. 57 modified (W.) (21.4.2001) by S.I. 2001/1506, reg. 2(1)

Commencement Information

I2S. 57 not in force at Royal Assent, see s. 164(3); s. 57 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)

57 Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.S

(1)The Secretary of State may, by notice in writing, direct [F8any waste management operator] 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.

[F9(3A)A direction under subsection (1) may only be given for the purpose of protecting the environment or human health.]

(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.

[F10(7A)In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

[F11(8)In this section—

(a)“authorisation” includes—

(i)any authorisation, permit, licence, registration or notification;

(ii)an exemption (whether or not subject to conditions or limitations) from a requirement to have or make an authorisation, permit, licence, registration or notification;

(iii)a requirement to comply with general binding rules, conditions or limitations;

(b)“specified” means specified in a direction under this section;

(c)“waste management operation” means the deposit, disposal, management, recovery or treatment of waste;

(d)“waste management operator” means a person—

(i)to whom an authorisation to carry on a waste management operation has been granted or transferred; or

(ii)carrying on a waste management operation in accordance with an authorisation.]

Extent Information

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

Textual Amendments

Modifications etc. (not altering text)

C4S. 57 modified (E.) (13.4.2001) by S.I. 2001/1478, reg. 2(1)

S. 57 modified (W.) (21.4.2001) by S.I. 2001/1506, reg. 2(1)

Commencement Information

I2S. 57 not in force at Royal Assent, see s. 164(3); s. 57 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)