Environmental Protection Act 1990

60 Interference with waste sites and receptacles for waste. E+W

(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 [F1 or under arrangements made with a waste disposal authority or by any other local authority or person] ;

(b) anything deposited in a receptacle for waste, whether for public or private use, provided by a waste collection authority, by [F2 or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; 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 F3 . . . 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 F3 . . . 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.

Extent Information

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

Textual Amendments

F1 Words in s. 60(1)(a) substituted (E.W.) (18.10.2005 for E. and 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 106, 108, Sch. 4 para. 4(a); S.I. 2005/2896, art. 3(i); S.I. 2006/768, art. 2(c)

F2 Words in s. 60(1)(b) substituted (E.W.) (18.10.2005 for E. and 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 106, 108, Sch. 4 para. 4(b); S.I. 2005/2896, art. 3(i); S.I. 2006/768, art. 2(c)

F3 Words in s. 60(2)(a)(b) repealed (E.W.) (18.10.2005 for E. and 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 107, 108, Sch. 5 Pt. 4; S.I. 2005/2896, art. 3(k); S.I. 2006/768, art. 2(d)

Commencement Information

I2 S. 60 wholly in force at 1.5.1994; s. 60 not in force at Royal Assent, see s. 164(3); s. 60 in force for certain purposes at 31.5.1991 by S.I. 1991/1319, art. 2; s. 60 in force at 1.5.1994 by S.I. 1994/1096, art. 2(1)

60 Interference with waste sites and receptacles for waste. S

(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.

Modifications etc. (not altering text)

C4 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Commencement Information

I2 S. 60 wholly in force at 1.5.1994; s. 60 not in force at Royal Assent, see s. 164(3); s. 60 in force for certain purposes at 31.5.1991 by S.I. 1991/1319, art. 2; s. 60 in force at 1.5.1994 by S.I. 1994/1096, art. 2(1)