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 [F1 environmental permit authorising a waste operation] to accept and keep, or accept and treat or dispose of, [F2 waste] at specified places on specified terms.

(2) The Secretary of State may, by notice in writing, direct any person who is keeping [F2 waste] on any land to deliver the waste to a specified person on specified terms F3 ....

[F4 (2A) The appropriate Minister may, by notice in writing—

(a) direct a registered waste carrier to collect waste which is being kept on specified land and deliver it to a specified person on specified terms;

(b) direct any person who—

(i) is keeping waste on any land, or

(ii) owns or occupies land on which waste is being kept,

to facilitate collection of the waste by a specified registered waste carrier to whom a direction in respect of the waste is given under paragraph (a).]

(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 [F5 in relation to] the waste.

[F6 (4A) A direction under subsection (2A)(b) may require the person to whom it is given—

(a) to pay to the specified registered waste carrier the reasonable costs of collecting and delivering the waste;

(b) to pay to the specified person to whom the waste is delivered (“P”) the reasonable costs incurred by P in relation to the waste (including any costs P is required by a direction under this section to pay to another person).]

(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 [F7 pay any costs mentioned in subsection (4).]

[F8 (7A) The appropriate Minister may pay any costs mentioned in subsection (4A).]

[F9 (8) In this section—

• [F10 “appropriate Minister” means—

  (a)

  the Secretary of State, in relation to waste being kept on land in England, and

  (b)

  the Welsh Ministers, in relation to waste being kept on land in Wales;

• “registered waste carrier” means a person registered under the Control of Pollution (Amendment) Act 1989 as a carrier of controlled waste;]

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

• [F11 “waste” means anything that is waste within the meaning of Article 3(1) of [F12 the Waste Framework Directive] [F13 , as read with Articles 5 and 6 of that 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

F1 Words in s. 57(1) substituted (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21 para. 13(a) (with reg. 72, Sch. 4)

F2 Words in s. 57(1)(2) substituted (E.W.) (22.11.2005) by The Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005 (S.I. 2005/3026), reg. 2(3)

F3 Words in s. 57(2) omitted (E.W.) (9.1.2022) by virtue of Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 3(2) (with s. 144)

F4 S. 57(2A) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 3(3) (with s. 144)

F5 Words in s. 57(4) substituted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 3(4) (with s. 144)

F6 S. 57(4A) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 3(5) (with s. 144)

F7 Words in s. 57(7) substituted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 3(6) (with s. 144)

F8 S. 57(7A) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 3(7) (with s. 144)

F9 S. 57(8) substituted (E.W.) (22.11.2005) by The Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005 (S.I. 2005/3026), reg. 2(5)

F10 Words in s. 57(8) inserted (E.W.) (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 3(8) (with s. 144)

F11 Words in s. 57(8) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 3(6) (with regs. 2, 47(2))

F12 Words in s. 57(8) substituted (E.W.) (20.3.2019) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(a), 2(4)

F13 Words in s. 57(8) inserted (E.W.) (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C4 S. 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

I2 S. 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 [F14 any 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.

[F15 (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.

[F16 (7A) In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

[F17 (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

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F14 Words in s. 57(1) substituted (S.) (23.10.2019) by The Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019 (S.S.I. 2019/332), regs. 1(1), 2(a)

F15 S. 57(3A) inserted (S.) (23.10.2019) by The Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019 (S.S.I. 2019/332), regs. 1(1), 2(b)

F16 S. 57(7A) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 40(3); S.S.I. 2014/160, art. 2(1)(2), sch.

F17 S. 57(8) substituted (S.) (23.10.2019) by The Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019 (S.S.I. 2019/332), regs. 1(1), 2(c)

Modifications etc. (not altering text)

C4 S. 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

I2 S. 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)