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Environmental Protection Act 1990, Section 34B is up to date with all changes known to be in force on or before 24 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist.
(2)The grounds in this subsection are that—
(a)a relevant offence has been committed [F2, or an offence under [F3regulation 38(1) or (2) of the Environmental Permitting Regulations] has been committed in relation to a waste operation]
(b)a vehicle was used in the commission of the offence, and
(c)proceedings for the offence have not yet been brought against any person.
(3)The grounds in this subsection are that—
(a)a relevant offence is being or is about to be committed, [F4or an offence under [F3regulation 38(1) or (2) of the Environmental Permitting Regulations] is being or is about to be committed in relation to a waste operation,] and
(b)a vehicle is being or is about to be used in the commission of the offence.
(4)The authorised officer or constable may—
(a)search the vehicle;
(b)seize the vehicle and any of its contents.
(5)In acting under subsection (4) above the authorised officer or constable may—
(a)stop the vehicle (but only a constable in uniform may stop a vehicle on any road);
(b)enter any premises for the purpose of searching or seizing the vehicle.
(6)A vehicle or its contents seized under subsection (4) above—
(a)by an authorised officer of an enforcement authority, are seized on behalf of that authority;
(b)by a constable in the presence of [F5or at the request of] an authorised officer of an enforcement authority, are seized on behalf of that authority;
(c)by a constable [F6in any other case], are seized on behalf of the waste collection authority in whose area the seizure takes place.
(7)A person commits an offence if—
(a)he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above;
(b)he otherwise intentionally obstructs an authorised officer or constable in exercising that power.
(8)Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him—
(a)the occupant's name and address;
(b)the name and address of the registered owner of the vehicle;
(c)any other information he may reasonably request.
(9)A person commits an offence if—
(a)he fails without reasonable excuse to comply with a requirement under subsection (8) above;
(b)he gives information required under that subsection that is—
(i)to his knowledge false or misleading in a material way, or
(ii)given recklessly and is false or misleading in a material way.
(10)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(11)In this section and section 34C below—
“authorised officer” means an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section;
“enforcement authority” means—
“relevant offence” means—
an offence under section 33 above, or
an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“vehicle” means any motor vehicle or trailer within the meaning of that Act or any mobile plant.]
Textual Amendments
F1Ss. 34B, 34C and preceding cross-heading inserted (E.W.) (16.3.2006 for W. for specified purposes, 3.3.2015 for E. for specified purposes, 6.4.2015 in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(1), 108 (as amended (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3); S.I. 2006/768, art. 3; S.I. 2015/425, arts. 2(b), 4(1)(b)
F2Words in s. 34B(2)(a) inserted (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21 para. 9(a) (with reg. 72, Sch. 4)
F3Words in s. 34B(2)(a)(3)(a) substituted (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), regs. 1(1)(b), 107, Sch. 26 para. 5(8) (with Sch. 4)
F4Words in s. 34B(3)(a) inserted (6.4.2008) byThe Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21 para. 9(b) (with reg. 72, Sch. 4)
F5Words in s. 34B(6)(b) inserted (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 2(a) (with s. 144)
F6Words in s. 34B(6)(c) substituted (9.1.2022) by Environment Act 2021 (c. 30), s. 147(2)(h), Sch. 10 para. 2(b) (with s. 144)
F7Word in s. 34B(11) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 213 (with Sch. 7)
F8Words in s. 34B(11) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 213 (with Sch. 7)
Modifications etc. (not altering text)
C1Ss. 33-34C applied (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), regs. 1(2), 47(3) (with regs. 2, 47(2))
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