Environment Act 1995

76 (1) Section 42 of that Act (supervision of licensed activities) shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) Subsection (2) (consultation with the National Rivers Authority etc) shall cease to have effect.

(3) In subsection (4) (recovery of expenditure from the holder or, if it has been surrendered, the former holder of a licence) for the words “the holder of the licence or, if the licence has been surrendered, from the former holder of it” there shall be substituted the words “ the holder, or (as the case may be) the former holder, of the licence ”.

(4) In subsection (5) (powers where it appears that a condition of a licence is not being complied with) after the words “is not being complied with” there shall be inserted the words “ or is likely not to be complied with, ”.

(5) For paragraph (a) of that subsection there shall be substituted—

“(a) serve on the holder of the licence a notice—

(i) stating that the authority is of the opinion that a condition of the licence is not being complied with or, as the case may be, is likely not to be complied with;

(ii) specifying the matters which constitute the non-compliance or, as the case may be, which make the anticipated non-compliance likely;

(iii) specifying the steps which must be taken to remedy the non-compliance or, as the case may be, to prevent the anticipated non-compliance from occurring; and

(iv) specifying the period within which those steps must be taken; and”.

(6) In paragraph (b) of that subsection (powers which become exercisable on non-compliance) for the words “has not complied with the condition within that time,” there shall be substituted the words “ has not taken the steps specified in the notice within the period so specified, ”.

(7) After subsection (6) (power to revoke or suspend a licence) there shall be inserted—

“(6A) If a waste regulation authority is of the opinion that revocation or suspension of the licence, whether entirely or to any extent, under subsection (6) above would afford an ineffectual remedy against a person who has failed to comply with any requirement imposed under subsection (5)(a) above, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the requirement.”

(8) In subsection (7) (application of certain provisions of section 38 to revocation or suspension of a licence)—

(a) for the words from “subsections (5)” to “38” there shall be substituted the words “ subsections (5) and (12) or, as the case may be, subsections (8) to (12) of section 38 ”; and

(b) the words from “and the power” onwards shall cease to have effect.

Commencement Information

I1 Sch. 22 para. 76 partly in force; Sch. 22 para. 76(8)(a) in force at Royal Assent, see s. 125(3); Sch. 22 para. 76(1)(3) in force at 21.9.1995 by S.I. 1995/1983, art. 3; Sch. 22 para. 76(2)(4)-(7)(8)(b) in force at 1.4.1996 by S.I. 1996/186, art. 3; Sch. 22 para. 76 in force at 1.4.1998 insofar as not already in force by S.I. 1998/604, art. 2