63Waste other than controlled waste.E+W+S
(1)[F1The 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)[F2A 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)[F2No 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)[F1Section 45(2) and section 47(1) above shall apply to waste other than controlled waste as they apply to controlled waste.]
Textual Amendments
F1S. 63(1)(4) repealed (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(5)
F2S. 63(2)(3) omitted (E.W.) (16.7.2005) by virtue of The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1, 73 (with reg. 75)
Modifications etc. (not altering text)
C1S. 63(1) applied (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 20(7) (with s. 20(10))
C2S. 63(1) applied (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 22(7) (with s. 22(10))
Commencement Information
I1S. 63 partly in force; s. 63 not in force at Royal Assent see s. 164(3); s. 63(1) in force at 18.2.1993 by S.I. 1993/274, art. 2(1)