Control of Pollution Act 1974

Part I E+W+S Waste on land

Modifications etc. (not altering text)

C1Part I (ss.1–30): power to transfer functions conferred by Local Government Act 1985 (c. 51, SIF 81:1), s. 10(4)

Pt. I (ss. 1-30) applied (with modifications) (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 10 (as amended (15.5.2006) by S.I. 2006/937, reg. 6(10)(b))

C2Pt. I (ss. 1-30) modified (1.2.1996) by 1995 c. 25, s. 5(5)(c) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. I modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Waste disposal arrangementsE+W+S

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Waste disposal plansE+W+S

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F2S. 2 repealed (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II, S.I. 1991/1319, art. 2

Licensing of disposal of controlled waste.E+W+S

[F33 Prohibition of unlicensed disposal of waste.E+W+S

(1)Except in prescribed cases, a person shall not—

(a)deposit controlled waste on any land or cause or knowingly permit controlled waste to be deposited on any land; or

(b)use any plant or equipment, or cause or knowingly permit any plant or equipment to be used, for the purpose of disposing of controlled waste or of dealing in a prescribed manner with controlled waste,

unless the land on which the waste is deposited or, as the case may be, which forms the site of the plant or equipment is occupied by the holder of a licence issued in pursuance of section 5 of this Act (in this Part of this Act referred to as a “disposal licence”) which authorises the deposit or use in question and the deposit or use is in accordance with the conditions, if any, specified in the licence.

(2)Except in a case falling within the following subsection, a person who contravenes any of the provisions of the preceding subsection shall, subject to subsection (4) of this section, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(3)A person who contravenes paragraph (a) of subsection (1) of this section in a case where—

(a)the waste in question is of a kind which is poisonous, noxious or polluting; and

(b)its presence on the land is likely to give rise to an environmental hazard; and

(c)it is deposited on the land in such circumstances or for such a period that whoever deposited it there may reasonably be assumed to have abandoned it there or to have brought it there for the purpose of its being disposed of (whether by himself or others) as waste,

shall, subject to the following subsection, be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding £400 or both or, on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.

(4)It shall be a defence for a person charged with an offence under this section to prove—

(a)that he—

(i)took care to inform himself, from persons who were in a position to provide the information, as to whether the deposit or use to which the charge relates would be in contravention of subsection (1) of this section, and

(ii)did not know and had no reason to suppose that the information given to him was false or misleading and that the deposit or use might be in contravention of that subsection; or

(b)that he acted under instructions from his employer and neither knew nor had reason to suppose that the deposit or use was in contravention of the said subsection (1); or

(c)in the case of an offence of making, causing or permitting a deposit or use otherwise than in accordance with conditions specified in a disposal licence, that he took all such steps as were reasonably open to him to ensure that the conditions were complied with; or

(d)that the acts specified in the charge were done in an emergency in order to avoid danger to the public and that, as soon as reasonably practicable after they were done, particulars of them were furnished to the disposal authority in whose area the acts were done.

[F4(5)In this section and subsections (5) and (6) of the following section “land” includes land covered with waters where the land is above the low-water mark of ordinary spring tides and the waters are not inland waters (within the meaning of Chapter I of Part III of the Water Act 1989).]]

Textual Amendments

F3S. 3 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

Modifications etc. (not altering text)

C3Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C4S. 3(1) excluded (E.W.) (1.4.1991) and (S.) (1.4.1992) by S.I. 1991/508, reg. 2(1).

C5S. 3(1) modified (27.7.1999) by 1999 c. 24, s. 4(6)(a)

[F54 Provisions supplementary to s. 3.E+W+S

(1)Where activities for which a disposal licence is required apart from this subsection have been carried on on any land during the period of six months ending with the date when subsection (1) of the preceding section comes into force, nothing in that subsection shall apply to the carrying on of those activities on the land during the period of one year beginning with that date and, where at the end of that period an appeal is pending in pursuance of section 10 of this Act against a rejection of an application for a disposal licence in respect of those activities on the land or against a decision to issue such a licence which specifies conditions, until the appeal is determined.

(2)Nothing in subsection (1) of the preceding section applies to household waste from a private dwelling which is deposited, disposed of or dealt with within the curtilage of the dwelling by or with the permission of the occupier of the dwelling.

(3)It shall be the duty of the Secretary of State, in exercising the power conferred on him by subsection (1) of the preceding section to prescribe excepted cases, to have regard in particular to the expediency of excluding from the controls imposed by virtue of that subsection—

(a)any deposits which are small enough to be properly excluded from those controls or are of such a temporary nature that they may be so excluded;

(b)any uses of plant or equipment which are innocuous enough to be so excluded;

(c)cases for which adequate controls are provided by an enactment other than that subsection;

and without prejudice to the generality of section 104(1)(a) of this Act the said power may be so exercised as to prescribe different excepted cases for different areas.

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of subsection (3) of the preceding section—

(a)the presence of waste on land gives rise to an environmental hazard if the waste has been deposited in such a manner or in such a quantity (whether that quantity by itself or cumulatively with other deposits of the same or different substances) as to subject persons or animals to a material risk of death, injury or impairment of health or as to threaten the pollution (whether on the surface or underground) of any water supply; and

(b)the fact that waste is deposited in containers shall not of itself be taken to exclude any risk which might be expected to arise if the waste were not in containers.

(6)In the case of any deposit of waste, the degree of risk relevant for the purposes of the preceding subsection shall be assessed with particular regard—

(a)to the measures, if any, taken by the person depositing the waste, or by the owner or occupier of the land, or by others, for minimising the risk; and

(b)to the likelihood of the waste, or any container in which it is deposited, being tampered with by children or others.]

Textual Amendments

F5S. 4 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

Modifications etc. (not altering text)

C6Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F75 Licences to dispose of waste.E+W+S

(1)An application for a disposal licence in respect of any land in the area of a disposal authority must be made in writing to the authority F8. . .

(2)A disposal licence shall not be issued for a use of land, plant or equipment for which planning permission is required in pursuance of [F9the Town and Country Planning Act 1990] or, in Scotland, [F10the Town and Country Planning (Scotland) Act 1997] unless such permission is in force; F8. . .

(3)[F11Where an application has been received] for a disposal licence for a use of land, plant or equipment for which such planning permission as aforesaid is in force, it shall be the duty of [F11the appropriate Agency] not to reject the application unless [F11that Agency] is satisfied that its rejection is necessary for the purpose of preventing pollution of water or danger to public health.

(4)Where [F12the appropriate Agency] proposes to issue a disposal licence, it shall be the duty of [F12that Agency] before it does so—

[F13(a)to refer the proposal to any collection authority whose area includes any part of the relevant land; and]

(b)to consider any representations about the proposal which, during the period of twenty-one days beginning with that on which the proposal is received by a body F8. . . mentioned in paragraph (a) of this subsection or during such longer period as [that Agency] and that body F8. . . agree in writing, [F12that Agency] receives from that body F8. . . (including in particular any representations about the conditions which that body F8. . . considers should be specified in the licence);

F14. . .

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A person who, in an application for a disposal licence, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.]

Textual Amendments

F7S. 5 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

F10Words in s. 5(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 23

F11Words in s. 5(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), SCh. 22 para. 19(2)(a)(b) (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F12Words in s. 5(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 19(3)(a)(b)(d) (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F13S. 5(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 19(3)(c) (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F14Words following s. 5(4)(b) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 19(3)(e), Sch. 24 (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F15S. 5(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 19(4), Sch. 24 (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act)(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C7Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C8S. 5(2) modified (E.W.) by Town and Country Planning Act 1990 (c. 8), s. 191(7)(b) (as substituted (25.11.1991 for specified purposes, 27.7.1992 otherwise) by Planning and Compensation Act 1991 (c. 34), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1630, art. 2 (with art. 3)

C9S. 5(2) modified (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 90(7)(b) (as substituted (10.8.1992 for specified purposes, 25.9.1992 otherwise) by Planning and Compensation Act 1991 (c. 34), ss. 42(1), 84(2) (with s. 84(5)); S.I. 1992/1937, arts. 3, 4 (with art. 5))

S. 5(2) extended (27.5.1997) (S.) by 1997 c. 8, ss. 150(7)(b), 278(2)

[F166 Provisions supplementary to s. 5.E+W+S

(1)Provision may be made by regulations . . . F17 as to the conditions specified in a disposal licence which shall be disregarded for the purposes of sections 3(1) and 31(2)(a) of this Act.

(2) . . . F17, a disposal licence may include such conditions as [F18the appropriate Agency] sees fit to specify in the licence; and without prejudice to the generality of the preceding provisions of this subsection, any such conditions may relate to—

(a)the duration of the licence;

(b)the supervision by the holder of the licence of activities to which the licence relates;

(c)the kinds and quantities of waste which may be dealt with in pursuance of the licence or which may be so dealt with during a specified period, the methods of dealing with them and the recording of information relating to them;

(d)the precautions to be taken on any land to which the licence relates;

(e)the steps to be taken with a view to facilitating compliance with any conditions of such planning permission as is mentioned in subsection (2) of the preceding section;

(f)the hours during which waste may be dealt with in pursuance of the licence; and

(g)the works to be carried out, in connection with the land, plant or equipment to which the licence relates, before the activities authorised by the licence are begun or while they are continuing;

and it is hereby declared that a condition may require the carrying out of works or the doing of any other thing which [F18that Agency] considers appropriate in connection with the licence notwithstanding that the licence holder is not entitled as of right to carry out the works or do the thing.

(3)The holder of a disposal licence who without reasonable excuse contravenes a condition of the licence which in pursuance of regulations made by virtue of subsection (1) of this section is to be disregarded for the purposes mentioned in that subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F19level 5 on the standard scale]; but no proceedings for such an offence shall be brought in England and Wales except by or with the consent of the Director of Public Prosecutions or by [F20the Environment Agency].

(4)It shall be the duty of [F21the Environment Agency and of SEPA]—

F22[(a)to maintain a register containing copies of all disposal licences which are for the time being in force in respect of land in England and Wales or, as the case may be, Scotland;]

(b)to secure that the register is open to inspection . . . F23 by members of the public free of charge at all reasonable hours; and

(c)to afford members of the public reasonable facilities for obtaining from [F21that Agency], on payment of reasonable charges, copies of entries in the register.

(5)If within the period of two months beginning with the date on which [F24a duly made application for a disposal licence was received], or within such longer period as [F24the appropriate Agency] and the applicant may at any time agree in writing, [F24the appropriate Agency] has neither issued a licence in consequence of the application nor given notice to the applicant that [F24that Agency] has rejected the application, [F24that Agency] shall be deemed to have rejected the application.

(6)References to land in the preceding section and this section include such water as is mentioned in section 4(4) of this Act.]

Textual Amendments

F16S. 6 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

F18Words in s. 6(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(2)(a)(b) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F19Words “level 5 on the standard scale”substituted (11.4.1983) for words “£400”by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F20Words in s. 6(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(3) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F21Words in s. 6(4) and (4)(c) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(4)(a) and (c) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F22S. 6(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(4)(b) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F23Words in s. 6(4)(b) omitted (1.4.1996) by S.I. 1996/593, art. 3, Sch. 2 para. 2

F24Words in s. 6(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(5)(a)(b)(c) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C10Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F257 Variation of conditions and revocation of licences.E+W+S

(1)While a disposal licence. . . F26 is in force, then—

(a)subject to any regulations in force by virtue of subsection (1) of the preceding section, [F27the appropriate agency] may—

(i)on its own initiative, serve a notice on the holder of the licence modifying the conditions specified in the licence to any extent which, in the opinion of [F27that agency], is desirable and is unlikely to require unreasonable expenditure by the licence holder, and

(ii)on the application of the licence holder, serve a notice on him modifying the said conditions to the extent requested in the application;

and

(b)it shall be the duty of [F27that agency] to serve a notice on the licence holder modifying the conditions specified in the licence—

(i)subject to subsection (4) of this section, to the extent which in the opinion of the authority is required for the purpose mentioned in section 9(1)(a) of this Act, and

(ii)to the extent required by any regulations in force as aforesaid.

(2)Subsection (4) . . . F28of section 5 of this Act shall with the necessary modifications apply to a proposal to serve a notice in pursuance of paragraph (a) or paragraph (b)(i) of the preceding subsection as it applies to a proposal to issue a disposal licence, except that—

[F29(a)the Environment Agency or SEPA, as the case may be, may postpone the reference in pursuance of the said subsection (4) so far as it considers that by reason of an emergency it is appropriate to do so; and

(b)the Environment Agency or SEPA, as the case may be, may disregard any collection authority for the purposes of the preceding provisions of this subsection in relation to a modification which, in the opinion of that Agency, will not affect that authority.]

(3)Section 5(6) of this Act shall apply to an application in pursuance of subsection (1)(a)(ii) of this section as it applies to an application for a disposal licence.

(4)Where a disposal licence. . . F30is in force and it appears to [F31the appropriate Agency]—

(a)that the continuation of activities to which the licence relates would cause pollution of water or danger to public health or would be so seriously detrimental to the amenities of the locality affected by the activities that the continuation of them ought not to be permitted; and

(b)that the pollution, danger or detriment cannot be avoided by modifying the conditions specified in the licence,

it shall be the duty of [F31that Agency] by a notice served on the holder of the licence to revoke the licence.

(5)A notice served in pursuance of this section shall state the time at which the modification or revocation in question is to take effect.]

Textual Amendments

F25S. 7 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

F26Words in s. 7(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(2)(a), Sch. 24 (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F27Words in s. 7(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(2)(b) (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F28Words in s. 7(2) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(3)(a), Sch. 24 (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F29S. 7(2)(a)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(3)(b) (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F30Words in s. 7(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(4)(a), Sch. 24 (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F31Words in s. 7(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(4)(b) (Sch. 22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C11S. 7 modified (27.7.1999) by 1999 c. 24, s. 4(6)(b)

C12Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F328 Transfer and relinquishment of licences.E+W+S

(1)The holder of a disposal licence may, after giving notice to [F33the appropriate Agency] that he proposes to transfer it on a day specified in the notice to a person whose name and address are so specified, transfer the licence to that person; but a licence in respect of which such a notice is given shall cease to have effect on the expiration of the period of ten weeks beginning with the date on which [F33that Agency] receives the notice if during the period of eight weeks beginning with that date [F33that Agency] gives notice to the transferee that it declines to accept him as the holder of the licence.

(2)If by operation of law the right of the holder of a disposal licence to occupy the relevant land is transferred to some other person, that person shall be deemed to be the holder of the licence during the period of ten weeks beginning with the date of the transfer.

(3)Except as provided by the preceding provisions of this section, references in this Part of this Act to the holder of a disposal licence are references to the person to whom the licence was issued.

(4)The holder of a disposal licence may cancel the licence by delivering it to [F34the appropriate Agency] and giving notice to [F34that Agency] that he no longer requires the licence.]

Textual Amendments

F32S. 8 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

F33Words in s. 8(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 22(2) (Sch. 22 para. 22 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F34Words in s. 8(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 22(3) (Sch. 22 para. 22 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C13Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F359 Supervision of licensed activities.E+W+S

(1)While a disposal licence is in force it shall be the duty of [F36the appropriate Agency] to take the steps needed—

(a)for the purpose of ensuring that the activities to which the licence relates do not cause pollution of water or danger to public health or become seriously detrimental to the amenities of the locality affected by the activities; and

(b)for the purpose of ensuring that the conditions specified in the licence are complied with.

(2)For the purpose of performing the duty which is imposed on [F37the Environment Agency or SEPA, as the case may be,] by the preceding subsection in connection with a licence, any officer of [F37that Agency] authorised in writing in that behalf by [F37that Agency] may, if it appears to him that by reason of an emergency it is necessary to do so, carry out work on the relevant land and on any plant or equipment to which the licence relates.

(3)Where [F38the Environment Agency or SEPA] incurs any expenditure by virtue of the preceding subsection, [F39it] may recover the amount of the expenditure from the holder of the disposal licence in question, or if the licence has been revoked or cancelled from the last holder of it, except where the holder or last holder of the licence shows that there was no emergency requiring any work or except such of the expenditure as he shows was unnecessary.

(4)Where it appears to [F40the appropriate Agency] that a condition specified in a disposal licence . . . F41is not being complied with, then, without prejudice to any proceedings in pursuance of section 3 or 6(3) of this Act in consequence of any failure to comply with the condition, [F40that Agency] may—

(a)serve on the licence holder a notice requiring him to comply with the condition before a time specified in the notice; and

(b)if in the opinion of [F40that agency] the licence holder has not complied with the condition by that time, serve on him a further notice revoking the licence at a time specified in the further notice.]

Textual Amendments

F35S. 9 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

F36Words in s. 9(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(2) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F37Words in s. 9(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(3) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art, 3

F38Words in s. 9(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(4)(a) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F39Word in s. 9(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(4)(b) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F40Words in s. 9(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(5)(a)(c) (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F41Words in s. 9(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 23(5)(b), Sch. 24 (Sch. 22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C14S. 9 modified (27.7.1999) by 1999 c. 24, s. 4(6)(c)

C15Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

[F4210 Appeals to Secretary of State from decisions with respect to licences.E+W+S

(1)Where—

(a)an application for a disposal licence or a modification of a disposal licence is rejected; or

(b)a disposal licence which specifies conditions is issued; or

(c)the conditions specified in a disposal licence are modified; or

(d)a disposal licence is revoked,

the applicant for the licence or, as the case may be, the holder or last holder of it may, in accordance with regulations, appeal from the decision in question to the Secretary of State; and where on such an appeal the Secretary of State determines that the decision is to be altered it shall be the duty of [F43the appropriate Agency] to give effect to the determination.

(2)While an appeal in pursuance of the preceding subsection is pending in a case falling within paragraph (c) or (d) of that subsection, the decision in question shall, subject to the following subsection, be ineffective; and if the appeal is dismissed or withdrawn the decision shall be effective again from the end of the day on which the appeal is dismissed or withdrawn.

(3)The preceding subsection shall not apply [F44if the decision in question is a decision] as respects which the notice relating to the decision which was served on the holder of the relevant licence in pursuance of section 7 or section 9(4)(b) of this Act includes a statement that [F44in the opinion of the body making the decision in question] it is necessary for the purpose of preventing pollution of water or danger to public health that the preceding subsection should not apply to the decision; but if on the application of the holder or former holder of the relevant licence the Secretary of State determines that [F44that body acted] unreasonably in including such a statement in the said notice, then—

(a)if the appeal in question is still pending at the end of the day on which the determination is made, the preceding subsection shall apply to the decision from the end of that day; and

(b)the holder or former holder of the licence shall be entitled to recover compensation from [F44the appropriate Agency] in respect of any loss suffered by him in consequence of the statement;

and any dispute as to a person’s entitlement to compensation in pursuance of paragraph (b) of this subsection or as to the amount of the compensation shall be determined by arbitration.]

Textual Amendments

F42S. 10 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

F43Words in s. 10(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 24(2) (Sch. 22 para. 24 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S. I. 1996/186, art. 3

F44Words in s. 10(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 24(3) (Sch. 22 para. 24prospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C16Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

F4511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F45S. 11(1)-(11) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 25, Sch. 24 (Sch. 22 para. 25 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Collection and disposal of controlled wasteE+W+S

[F4612 Collection of waste.E+W+S

(1)It shall be the duty of each collection authority—

(a)subject to subsection (3) of this section, to arrange for the collection of all household waste in its area except waste—

(i)which is situated at a place which in the opinion of the authority is so isolated or inaccessible that the cost of collecting it would be unreasonably high, and

(ii)as to which the authority is satisfied that adequate arrangements for its disposal have been or can reasonably be expected to be made by a person who controls the waste; and

(b)if requested by the occupier of premises in its area to collect any commercial waste from the premises, to arrange for the collection of the waste.

(2)Each [F47English county disposal authority]] and each collection authority may, if requested by the occupier of premises in its area to collect any industrial waste from the premises, arrange for the collection of the waste; but an English collection authority shall not be entitled to exercise the powers conferred on it by this subsection except with the consent of the relevant disposal authority.

(3)No charge shall be made for the collection of household waste in pursuance of the preceding provisions of this section except in prescribed cases; and in any of those cases—

(a)the duty to arrange for the collection of the waste in question which is imposed on the collection authority by subsection (1)(a) of this section shall not arise until a person who controls the waste requests the authority to collect it; and

(b)the authority may recover a reasonable charge for the collection of the waste from the person who made the request in respect of it in pursuance of the preceding paragraph.

(4)A person at whose request waste other than household waste is collected in pursuance of the preceding provisions of this section shall be liable to pay a reasonable charge for the collection and disposal of the waste to the authority which arranged for its collection; and it shall be the duty of that authority to recover the charge unless in the case of a charge in respect of commercial waste the authority considers it inappropriate to do so.

(5)It shall be the duty of each collection authority—

(a)to make such arrangements for the emptying of privies serving one or more private dwellings in its area as the authority considers appropriate and to make no charge for emptying done in pursuance of the arrangements;

(b)if requested by the person who controls a cesspool serving only one or more private dwellings in its area to empty the cesspool, to remove such of the contents of the cesspool as the authority considers appropriate on payment if the authority so requires of a reasonable charge;

and a collection authority may, if requested by the person who controls any other privy or cesspool in its area to empty the privy or cesspool, remove matter from it on payment as aforesaid.

In this subsection “privy” means a latrine which has a moveable receptacle for faecal matter and “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings.

(6)An [F48English county disposal authority] and any collection authority may—

(a)construct, lay and maintain, within or outside its area, pipes and associated works for the purpose of collecting waste in pursuance of this section;

(b)contribute towards the cost incurred by another person in providing or maintaining pipes or associated works connecting with pipes provided by the authority in pursuance of the preceding paragraph.

(7)Parts V and VI of Schedule 3 to the M1Water Act 1945 (which relate to the laying of mains and the breaking up of streets) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

(a)sections 19(4) and 21 of that Schedule (which relate to the erection of street notices and the laying of service pipes) were omitted, and in section 22 of that Schedule the words “which they are authorised to lay” were omitted; and

(b)for any reference to undertakers or limits of supply there were substituted respectively a reference to the authority in question and the area of the authority; and

(c)for the reference to the special Act in section 25(4) of that Schedule there were substituted a reference to this subsection;

and the M2Pipe-lines Act 1962 shall not apply to pipes or associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection.

(8)A collection authority may contribute towards the cost incurred by another person in providing or maintaining plant or equipment intended to deal with household waste before it is collected under arrangements made by the authority in pursuance of subsection (1)(a) of this section; and an [F48English county disposal authority] and any collection authority may contribute towards the cost incurred by another person in providing or maintaining plant or equipment intended to deal with commercial or industrial waste before it is collected under arrangements made by the authority in pursuance of subsection (1)(b) or subsection (2) of this section.

(9)Subject to section 14(1) and (9) of this Act, anything collected under arrangements made by an authority in pursuance of this section shall belong to the authority and may be dealt with accordingly.

(10)In the application of this section to Scotland—

(a)in subsection (5), paragraph (b) and the references to a cesspool occurring later in that subsection shall be omitted;

(b)for subsection (7) there shall be substituted the following subsection:—

(7)Sections 2, 3, 4 and 41 of the M3Sewerage (Scotland) Act 1968 (which relate to the maintenance etc. of public sewers and other works and the breaking open of streets etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those sections apply in relation to public sewers but as if—

(a)the said section 2 conferred a power, and did not impose a duty, on a local authority to do the things mentioned in that section; and

(b)in the said section 4, the words from “but, before any person” to the end were omitted;

and the M4Pipe-lines Act 1962 shall not apply to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection.

(c)in subsection (9), for the reference to section 14(1) and (9) of this Act there shall be substituted a reference to section 15(4) of this Act.

(11)References to waste in the preceding provisions of this section include waste on premises occupied by the Crown but exclude waste as to which the Commissioners executing the M5Crown Estate Paving Act 1851 (which among other things relates to premises in the Regent’s Park) make arrangements for its collection; but a disposal or collection authority shall not be entitled by virtue of this subsection to exercise, in relation to such premises or waste on such premises, any power conferred on the authority by virtue of sections 91 to 93 of this Act.

Textual Amendments

F46S. 12 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.

F47Words substituted with effect from 1.4.1986 as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch 6 para. 3(2)

F48Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2)

Modifications etc. (not altering text)

C17By S.I. 1985/1884, art. 5, Sch. 2 para. 8(a) (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s.10(7) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 12(2) shall be modified to have effect as if after “English county disposal authority” there were inserted “, each London waste disposal authority”, for the words “an English collection authority” there were substituted the words “a collection authority in England whose area is included in the area of a disposal authority” and for the words “the relevant disposal authority”there were substituted “the disposal authority”

C18By S.I. 1985/1884, art. 5, Sch. 2 para. 8(b) (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 12(6)(8) shall be modified to have effect as if after “English county disposal authority” there were inserted “, a London waste disposal authority”

Marginal Citations

[F4913 Dustbins etc.E+W

[F50(1)Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A)A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F51level 3 on the standard scale]]].

(2)A notice served by an authority in pursuance of the preceding subsection may provide for the receptacles in question to be provided by the authority free of charge or—

(a)if the recipient of the notice agrees, by the authority on payment by the recipient of the notice of such a single payment or such periodical payments as he agrees with the authority; or

(b)by the recipient of the notice if he does not enter into an agreement in pursuance of the preceding paragraph within a period specified in the notice or the notice does not propose such an agreement.

(3)Where by virtue of such a notice the recipient of it is required to provide any receptacles he may within the period of twenty-one days beginning with the last day of the period specified in the notice in pursuance of paragraph (b) of the preceding subsection or, where no period is so specified, beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the ground that [F52any requirement specified in] the notice is unreasonable or on the ground that the receptacles in which household waste in the premises in question is placed for collection are adequate; and where an appeal against a notice is brought in pursuance of this subsection—

(a)the notice shall be of no effect pending the determination of the appeal; and

(b)the court shall either quash or modify the notice or dismiss the appeal; and

(c)no question as to whether [F53any requirement] specified in the notice is unreasonable shall be entertained in any proceedings for an offence under this section in respect of the notice.

(4)An [F54English disposal authority] and any collection authority may at the request of any person supply him with receptacles for commercial waste or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied in pursuance of this subsection unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge.

[F55(5)If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by a notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A)A person who fails to comply with any requirement specified in a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F51level 3 on the standard scale]].

(6)A person on whom a notice is served in pursuance of the preceding subsection may, within the period of twenty-one days beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the grounds that [F56any requirement] specified in the notice is unreasonable or that the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality in which the premises are situated; and where an appeal against a notice is brought in pursuance of this subsection, paragraph (a) to (c) of subsection (3) of this section shall apply in relation to the notice as they apply in relation to such a notice as is mentioned in that subsection.

[F57(7)A notice under subsection (1) or (5) of this section may make provision with respect to—

(a)the size, construction and maintenance of receptacles for controlled waste;

(b)the placing of the receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c)the placing of the receptacles for that purpose on highways;

(d)the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e)the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A)A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on a highway unless—

(a)the relevant highway authority have given their consent to their being so placed; and

(b)arrangements have been made as to the liability for any damage arising out of their being so placed.]

(8)References to receptacles in the preceding provisions of this section include references to holders for receptacles.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F49S. 13 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.

F51Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F54Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2)

Modifications etc. (not altering text)

C19By S.I. 1985/1884, art. 5, Sch. 2 para. 9 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 13(4) shall be modified to have effect as if after “English county disposal authority” there were inserted “, a London waste disposal authority”

[F11813 Dustbins etc.S

[F119(1)Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A)A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F120level 3 on the standard scale]]].

(2)A notice served by an authority in pursuance of the preceding subsection may provide for the receptacles in question to be provided by the authority free of charge or —

(a)if the recipient of the notice agrees, by the authority on payment by the recipient of the notice of such a single payment or such periodical payments as he agrees with the authority; or

(b)by the recipient of the notice if he does not enter into an agreement in pursuance of the preceding paragraph within a period specified in the notice or the notice does not propose such an agreement.

(3)Where by virtue of such a notice the recipient of it is required to provide any receptacles he may within the period of twenty-one days beginning with the last day of the period specified in the notice in pursuance of paragraph (b) of the preceding subsection or, where no period is so specified, beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the ground that [F121any requirement specified in] the notice is unreasonable or on the ground that the receptacles in which household waste in the premises in question is placed for collection are adequate; and where an appeal against a notice is brought in pursuance of this subsection—

(a)the notice shall be of no effect pending the determination of the appeal; and

(b)the court shall either quash or modify the notice or dismiss the appeal; and

(c)no question as to whether [F122any requirement] specified in the notice is unreasonable shall be entertained in any proceedings for an offence under this section in respect of the notice.

(4)An [F123English disposal authority] and any collection authority may at the request of any person supply him with receptacles for commercial waste or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied in pursuance of this subsection unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge.

[F124(5)If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by a notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A)A person who fails to comply with any requirement specified in a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F120level 3 on the standard scale]].

(6)A person on whom a notice is served in pursuance of the preceding subsection may, within the period of twenty-one days beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the grounds that [F125any requirement] specified in the notice is unreasonable or that the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality in which the premises are situated; and where an appeal against a notice is brought in pursuance of this subsection, paragraph (a) to (c) of subsection (3) of this section shall apply in relation to the notice as they apply in relation to such a notice as is mentioned in that subsection.

[F126(7)A notice under subsection (1) or (5) of this section may make provision with respect to—

(a)the size, construction and maintenance of receptacles for controlled waste;

(b)the placing of the receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c)the placing of the receptacles for that purpose on [F127roads];

(d)the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e)the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A)A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on a [F128road] unless—

(a)the [F129roads authority] have given their consent to their being so placed; and

(b)arrangements have been made as to the liability for any damage arising out of their being so placed.]

(8)References to receptacles in the preceding provisions of this section include references to holders for receptacles.

Textual Amendments

F118S. 13 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.

F120Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F123Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2)

F128Words in s. 13(7A) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(2)(a)(i)

F129Words in s. 13(7A)(a) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(2)(b)(ii)

Modifications etc. (not altering text)

C31By S.I. 1985/1884, art. 5, Sch. 2 para. 9 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 13(4) shall be modified to have effect as if after “English county disposal authority” there were inserted “, a London waste disposal authority”

[F5814 Disposal of waste in England and Wales.E+W+S

(1)Subject to the following subsection, it shall be the duty of each English collection authority to deliver to the relevant disposal authority, at such places as the disposal authority directs, all waste which is collected by the collection authority in pursuance of section 12 of this Act except waste paper which the collection authority decides is not to be delivered to the disposal authority; and anything delivered to a disposal authority in pursuance of this subsection shall belong to that authority and may be dealt with accordingly.

(2)An English collection authority and the relevant disposal authority may agree that, subject to such conditions as to payment or otherwise as may be specified in the agreement, waste to which the agreement relates shall not be delivered to the disposal authority in pursuance of the preceding subsection but shall be dealt with under arrangements made by the collection authority for the purpose of enabling the waste to be used again or substances to be reclaimed from it.

(3)Without prejudice to the powers of collection authorities apart from this subsection, a collection authority shall have power to provide plant and equipment for the sorting and baling of waste paper retained by the authority in pursuance of subsection (1) of this section or for sorting or processing waste retained by the authority in pursuance of the preceding subsection.

(4)It shall be the duty of each disposal authority to arrange for the disposal of the waste collected by it in pursuance of section 12 of this Act or delivered to it in pursuance of subsection (1) of this section; and, without prejudice to the authority’s powers apart from the following provisions of this subsection [F59but subject to subsection (6) of section 77 of the Environmental Protection Act 1990 as respects any time after the date applicable to the authority under paragraph (a) or (b) of that subsection], the powers exercisable by the authority for the purpose of performing that duty shall include power—

(a)to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided in pursuance of the following paragraph; and

(b)to provide, within or outside its area, places at which to dispose of the waste and plant or equipment for processing it or otherwise disposing of it.

(5)Subsections (6) and (7) of section 12 of this Act shall have effect in relation to a disposal authority as if the reference in paragraph (a) of the said subsection (6) to the collection of waste in pursuance of that section included the disposal of waste in pursuance of this section and the disposal of anything produced from waste belonging to the authority.

(6)A disposal authority or a collection authority may permit another person to use facilities provided by the authority in pursuance of the preceding provisions of this section and may provide for the use of another person any such facilities as the authority has power to provide in pursuance of those provisions; and—

(a)subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;

(b)no charge shall be made in pursuance of this subsection in respect of household waste; and

(c)anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.

(7)A collection authority and the relevant disposal authority may enter into an agreement for the making by either authority to the other of such payments as may be determined by or under the agreement in respect of waste collected by the collection authority in pursuance of section 12 of this Act including, without prejudice to the generality of the preceding provisions of this subsection, an agreement for the making of payments to the collection authority in respect of such arrangements as are mentioned in subsection (2) of this section.

(8)Except as otherwise agreed in pursuance of the preceding subsection, the relevant disposal authority shall—

(a)be entitled to receive from an English collection authority such sums as are needed to defray the reasonable cost to the disposal authority of disposing of commercial and industrial waste delivered to the disposal authority by the collection authority in pursuance of this section; and

(b)pay to an English collection authority a reasonable contribution towards expenditure reasonably incurred by the collection authority in delivering waste to the disposal authority in pursuance of subsection (1) of this section where the place of delivery is unreasonably far from the collection authority’s area;

and any question arising in pursuance of paragraph (a) of this subsection as to what cost is reasonable or in pursuance of paragraph (b) of this subsection as to whether a contribution is reasonable or expenditure was reasonably incurred or as to whether a place is unreasonably far from a collection authority’s area shall, in default of agreement between the two authorities in question, be determined by arbitration.

(9)References to waste in subsections (1), (2), (4), (7) and (8) of this section do not include matter removed from privies or cesspools in pursuance of section 12(5) of this Act, and it shall be the duty of a collection authority by which matter is so removed—

(a)to deliver the matter, in accordance with any directions of the [F60sewerage undertaker] of which the area includes that of the collection authority, at a place specified in the directions (which must be in or within a reasonable distance from the collection authority’s area) to the [F60sewerage undertaker] or to another person so specified;

(b)to give to the [F60sewerage undertaker] from time to time a notice stating the quantity of the matter which the collection authority expects to deliver to or as directed by the [F60sewerage undertaker] in pursuance of the preceding paragraph during a period specified in the notice.

(10)Any question arising in pursuance of paragraph (a) of the preceding subsection as to whether a place is within a reasonable distance from a collection authority’s area shall, in default of agreement between the collection authority and the [F61sewerage undertaker] in question, be determined by arbitration; and anything delivered to a [F61sewerage undertaker] in pursuance of that subsection shall belong to [F62the undertaker] and may be dealt with accordingly.

[F63(11)For the purposes of so much of the Water Act 1989 as relates to charging by sewerage undertakers the reception and disposal by a sewerage undertaker or other person of matter delivered to it or him by another sewerage undertaker in pursuance of subsection (9) of this section shall be treated as a service provided for that other undertaker by the sewerage undertaker in the course of carrying out its functions.]

(12)This section does not apply to Scotland.]

Textual Amendments

F58S. 14 repealed (1.4.1992 for specified purposes (save in so far as it relates to industrial waste in England and Wales), 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43), ss. 162(2), 164(3), Sch. 16 Pt. II; S.I. 1992/266, art. 3, S.S.I. 2015/72, art. 2(2)(a)

Modifications etc. (not altering text)

C20S. 14(1) is modified and has effect as if in subsection (1) after “English collection authority” there were inserted “and each collection authority in the area of a London waste disposal authority” by S.I. 1985/1884, art. 5 Sch. 2 para. 10(a)(i)

C21S. 14 is modified and has effect as if in subsection (1) for “the relevant disposal authority” there were substituted “the disposal authority whose area includes that of the collection authority (“the relevant authority”)” and for the words “disposal authority” in each place where they subsequently occur there were substituted “relevant disposal authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(a)(ii)(iii)

C22S. 14(2) is modified and has effect as if for “an English collection authority” there were substituted “a collection authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(b)

C23S. 14(8) is modified and has effect as if for “an English collection authority” there were substituted “a collection authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(b)

F6415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

16 Removal of waste deposited in breach of licensing provisions.E+W+S

[F65(1)If any controlled waste is deposited on any land [F66in contravention of section 3(1) of this Act, any authority to which this section applies may] serve a notice on the occupier of the land requiring him—

(a)to remove the waste from the land within a period specified in the notice, which shall not be less than twenty-one days beginning with the date of service of the notice; or

(b)to take within such a period such steps as are so specified with a view to eliminating or reducing the consequences of the deposit of the waste,

or requiring him both to remove the waste as mentioned in paragraph (a) of this subsection and to take such steps as are mentioned in paragraph (b) of this subsection within such a period as aforesaid.

(2)A person served with a notice in pursuance of the preceding subsection may within the twenty-one days aforesaid appeal to a magistrates’ court against the notice; and on any such appeal the court shall quash the notice if it is satisfied that—

(a)the appellant neither deposited nor caused nor knowingly permitted the deposit of the waste on the land; or

(b)service of the notice on the appellant was not authorised by the preceding subsection; or

(c)there is a material defect in the notice;

and in any other case shall either modify the notice or dismiss the appeal.

(3)Where a person appeals against a notice in pursuance of this section, the notice shall be of no effect pending the determination of the appeal; and where the court modifies the notice or dismisses the appeal it may extend the period specified in the notice.

(4)If a person on whom a notice is served in pursuance of subsection (1) of this section fails to comply with the notice, then—

(a)he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F67level 5 on the standard scale] and a further fine not exceeding £50 for each day on which the failure continues after conviction for the offence and before the authority which served the notice has begun to exercise its powers in pursuance of the following paragraph; and

(b)the said authority may do what that person was required by the notice to do and may recover from him any expenses reasonably incurred by the authority in doing it.

(5)If it appears to such an authority as is mentioned in subsection (1) of this section that waste has been deposited as there mentioned and that—

(a)in order to remove or prevent pollution of water or danger to public health it is necessary forthwith to remove the waste or to take other steps with a view to eliminating or reducing the consequences of the deposit of it or necessary forthwith to remove the waste and to take such other steps; or

(b)there is no occupier of the land in question; or

(c)the occupier of the land neither made nor knowingly permitted the deposit of the waste,

the authority may remove the waste from the land or take such other steps as aforesaid or, as the case may require, may remove it and take such other steps.

(6)Where an authority exercises in respect of any land a power conferred on it by the preceding subsection it shall be entitled to recover the cost of doing so and of disposing of any waste removed in the exercise of the power—

(a)in a case falling within paragraph (a) of that subsection, from the occupier of the land unless he proves that he neither made nor caused nor knowingly permitted the deposit in question;

(b)in any case, from any person who deposited or caused or knowingly permitted the deposit of any of the waste in question on the land,

except such of the cost as the occupier or other person shows was incurred unnecessarily.

(7)Any waste removed by an authority in pursuance of this section shall belong to the authority and may be dealt with accordingly.

[F68(8)The authorities to which this section applies are—

(a)the appropriate Agency;

(b)any collection authority in whose area the land mentioned in subsection (1) above is situated.]]

Textual Amendments

F66Words in s. 16(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 26(2) (Sch. 22 para. 26 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F67Wordsin s. 16(4)(a) substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F68S. 16(8) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 26(3) (Sch. 22 para. 26 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C24S. 16: transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

17 Special provisions with respect to certain dangerous or intractable waste. E+W+S

[F69(1)If the Secretary of State considers that controlled waste of any kind is or may be so dangerous or difficult to dispose of that special provision in pursuance of this subsection is required for the disposal of waste of that kind by disposal authorities or other persons, it shall be his duty to make provision by regulations for the disposal of waste of that kind (hereafter in this section referred to as “special waste”); and, without prejudice to the generality of the Secretary of State’s power to make regulations in pursuance of the preceding provisions of this subsection, any such regulations may include provision—

(a )for the giving of directions by disposal authorities with respect to matters connected with the disposal of special waste;

(b)for securing that special waste is not, while awaiting disposal in pursuance of the regulations, kept at any one place in quantities greater than those which are prescribed and in circumstances which differ from those which are prescribed;

(c)for requiring the occupier of premises on which special waste is situated to give notice of that fact and other prescribed information to a prescribed authority;

(d)for the keeping of records by persons who produce or dispose of special waste or transfer it to another person for disposal, for the inspection of the records and for the furnishing by such persons to prescribed authorities of copies of or information derived from the records;

(e)providing that a contravention of the regulations shall be an offence and prescribing the maximum penalty for the offence (which shall not exceed, on summary conviction, a fine of £400 and, on conviction on indictment, imprisonment for a term of two years and a fine).

(2)Without prejudice to the generality of the power to make regulations conferred by the preceding subsection, regulations made in pursuance of that subsection may include provision—

(a)requiring special waste of particular kinds to be disposed of only by disposal authorities or, in the case of special waste of a kind which the Secretary of State considers involves or may involve such a risk of damage to persons or animals or vegetation that it should be disposed of only by him, to be disposed of only by the Secretary of State;

(b)for the supervision by disposal authorities (whether by the application with modifications of provisions of section 9 of this Act or otherwise) of activities authorised by virtue of the regulations;

(c)as to the recovery of expenses or other charges for disposals by disposal authorities or the Secretary of State in pursuance of the regulations;

(d)as to appeals to the Secretary of State from decisions of disposal authorities in pursuance of the regulations.

(3)Provision may also be made by regulations—

(a)for the giving of a direction, in respect of any place in respect of which a disposal licence or a resolution in pursuance of section 11 of this Act is in force, requiring the holder of the licence or the authority which passed the resolution to accept and dispose of at the place, on such terms as are specified in the direction (including terms as to the making of payments to the recipient of the direction), such special waste as is so specified;

(b)as to the consents to be obtained and the other steps to be taken before a direction may be given in pursuance of the regulations and as to appeals to the Secretary of State against a direction so given;

(c)providing that a failure to comply with such a direction shall be an offence punishable on summary conviction by a fine not exceeding [F70level 5 on the standard scale] or such less amount as is prescribed and that a person shall not be guilty of an offence under any prescribed enactment by reason only of anything necessarily done or omitted in order to comply with such a direction.]

Textual Amendments

F70Words "level 5 on the standard scale" substituted (11.4.1983) for words"£400" by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C25S. 17 extended by S.I. 1980/1709, reg. 3(1)

C26S. 17(1)(a), (2)(b)-(d): transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Waste other than controlled wasteE+W+S

[F7118 Application of preceding provisions to other waste.E+W+S

(1)The Secretary of State may, after consultation with such bodies as he considers appropriate, make regulations providing that prescribed provisions of sections 1 to 11 and 14 to 17 of this Act 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 30(3)(c)(ii) of this Act which is of a kind so specified; and

(b)with such other modifications as are prescribed;

and regulations made in pursuance of this subsection may make such modifications of any enactment other than the sections aforesaid as the Secretary of State considers appropriate in connection with the regulations.

(2)A person who—

(a)deposits on any land any waste other than controlled waste; or

(b)causes or knowingly permits the deposit on any land of any waste other than controlled waste,

in a case where, if the waste were controlled waste and any disposal licence relating to the land were not in force, he would be guilty of an offence under section 3(3) of this Act shall be guilty of such an offence and punishable accordingly unless the act charged was done in pursuance of and in accordance with the terms of any consent, licence, approval or authority granted under any enactment (excluding any planning permission under the enactments relating to town and country planning); and in this subsection “land” includes such water as is mentioned in section 4(4) of this Act.

(3)Subsection (2) of section 12 and subsection (4) of section 13 of this Act shall apply to waste other than controlled waste as the subsections apply to controlled waste.]

Textual Amendments

F71S. 18 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3 of S.I. 1994/1096, 1.4.2015 for S. so far as not already in force) by Environmental Protection Act 1990 (c. 43), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

19 Powers of disposal authorities as respects other waste.E+W+S

[F72Each disposal authority shall have power to collect information about, and to make arrangements for the disposal of, waste which is situated or likely to be situated in its area and is not controlled waste; but nothing in sections 91 to 94 of this Act shall apply to functions conferred on an authority or information collected by an authority in pursuance of this section.]

Textual Amendments

Reclamation etc. of wasteE+W+S

20 Reclamation of waste.E+W+S

[F73Without prejudice to the powers of disposal authorities apart from this section, any disposal authority may—

(a)do such things as the authority considers appropriate for the purpose of—

(i)enabling waste belonging to the authority, or belonging to another person who requests the authority to deal with it in pursuance of this section, to be used again, or

(ii)enabling substances to be reclaimed from such waste;

(b)buy or otherwise acquire waste with a view to its being used again or to the reclamation of substances from it; and

(c)use, sell or otherwise dispose of waste belonging to the authority or anything produced from such waste.]

Textual Amendments

21 Production of heat and electricity from waste etc.E+W+S

[F74(1)A disposal authority may, subject to [F75subsection (2)] of this section,—

(a)use waste belonging to the authority for the purpose of producing from it heat or electricity or both;

(b)establish and operate, within or outside its area, such generating stations and other installations as the authority thinks fit for the purpose aforesaid; and

(c)where the authority operates an installation in which waste is usually used as the main fuel for the purpose of producing heat or electricity, then—

(i)in the case of an installation for producing heat, use other fuel in addition to waste to produce the heat, and

(ii)in the case of an installation for producing electricity, use other fuel to assist in burning the waste to produce the electricity,

and, in an emergency, use other fuel instead of waste to produce the heat or electricity;

and a disposal authority may use, sell or otherwise dispose of any heat [F76or electricity] produced by the authority by virtue of this section.

[F77(2)Nothing in subsection (1) of this section shall be construed as exempting a disposal authority from the requirements of Part I of the Electricity Act 1989.]

(4)Subsection (6) of section 12 of this Act (except paragraph (b) of that subsection) and subsection (7) of that section (except so much of it as relates to the M6Pipe-lines Act 1962) shall have effect in relation to a disposal authority as if the reference in the said subsection (6) to the collection of waste in pursuance of that section included the conveying of heat produced by the authority by virtue of this section and of air, steam and water heated by such heat.

(5)It shall be the duty of a disposal authority by which an installation for producing heat is operated in pursuance of this section in any year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at it as are prescribed.

(6)Nothing in this section F78. . . shall be construed as prejudicing any power exercisable by a disposal authority apart from this section.]

Textual Amendments

Marginal Citations

Street cleaning and litterE+W+S

[F7922 Street cleaning etc.E+W+S

F80(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A local authority may, with the consent of any person who has an interest in or is the occupier of any relevant land, arrange for the cleaning of the land and may enter into an agreement with such a person for the payment by him of charges in respect of the cleaning; and in this subsection “relevant land” means any land in the open air to which members of the public have access, either as of right or otherwise, and which is not the site of a highway.

(4)In the preceding provisions of this section and in the following section—

  • “highway” means highway maintainable at the public expense within the meaning of [F81the M7Highways Act 1980]];

  • “local authority” means the council of a district or London borough and the Common Council of the City of London [F82but, in relation to Wales, means the council of a county or county borough] ; and

  • “special road” and “trunk road” have the same meanings as in [F81the M8Highways Act 1980].

(5)In the application of this section to Scotland the preceding subsection shall not have effect and in this section and in the following section—

  • “highway” and “highway authority” have respectively the same meanings as in the M9Roads (Scotland) Act 1970;

  • “local authority” means a collection authority;

  • “special road” has the same meaning as in the M10Special Roads Act 1949;

  • “trunk road” means a highway which by virtue of the M11Trunk Roads Acts 1936 M12 and 1946 or an order under section 1 of the Trunk Roads Act 1946, or by virtue of section 9(1) of the said Act of 1949, is a trunk road.

Textual Amendments

F80S. 22(1)(2) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. IV, S.I. 1991/1042, art.2

Marginal Citations

[F8323 Prohibition of parking to facilitate street cleaning.E+W+S

(1)Where in the case of any part of a highway (hereafter in this section referred to as “the relevant area”) the highway authority for the relevant area or the local authority in whose area the relevant area is situated considers that, in order to facilitate the cleaning of the relevant area on a particular day (hereafter in this section referred to as “the relevant day”), it is appropriate to prohibit the parking of vehicles in the relevant area during certain hours of the relevant day, the authority may give notice in accordance with the following provisions of this section prohibiting such parking.

[F84(2)Such a notice must specify the relevant area, the relevant day and the hours in question; and a copy of the notice must—

(a)be served on the occupier of any premises adjoining the relevant area; and

(b)be conspicuously displayed at places in the relevant area.

(2A)The effect of the giving of such a notice and of the service and display of copies of it as required by subsection (2) of this section shall be to suspend during the hours of the relevant day specified in the notice the operation of any provision which is contained in an order under the Road Traffic Regulation Act [F851984]] or a local enactment and which authorises, designates or regulates the use of a street parking place in the relevant area.

(2B)The authority giving the notice shall cover up traffic signs and parking meters in the relevant area during the hours of the relevant day specified in the notice, but without prejudice to the effect of the notice.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

(4)Regulations may . . . F87 provide that [F88sections 99 to 102 of the Road Traffic Regulation Act 1984] (which among other things provide for the removal, storage and disposal of vehicles left on roads in contravention of a statutory prohibition) shall have effect, in relation to any vehicle which is or was standing on any part of a highway while parking on that part is or was prohibited by virtue of this section, with such modifications as are prescribed.

[F89(5)If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays notices in the relevant area stating that the prohibition on parking is not to come into force or is to cease to be in force, the effect of the notices under this subsection shall be to prevent the prohibition coming into force or, as the case may be, to terminate it.]

(6)It shall be the duty of the highway authority for any part of a highway and of the local authority in whose area the part is situated to co-operate with each other in performing the functions conferred on them by virtue of this section; and where a highway authority or a local authority gives notice as mentioned in subsection (1) of this section in respect of any part of a highway for which it is the highway authority or, as the case may be, which is within its area, any other authority which is the highway authority for that part or which is the local authority within whose area that part is situated shall, with the approval of the authority which gave the notice, be entitled to act in pursuance of this section as if the other authority had given similar notice.

[F90(6A)No authority shall issue a notice under this section whose effect would be to suspend the operation of provisions of an order not made by the highway authority without first consulting the authority who made the order.]

(7)Where any parking in the relevant area is, by virtue of a notice given as mentioned in subsection (1) of this section, prohibited during specified hours on the relevant day, no right of action shall accrue to any person by reason of the fact that all or some of the cleaning of the relevant area which the highway authority or, as the case may be, the local authority proposes to do or has done during those hours is not cleaning which that authority has or had power to do if the other of those authorities has or had power to do it.

(8)Any reference in the preceding provisions of this section to a part of a highway includes any such part on which the parking of vehicles is, apart from this section, authorised by virtue of any enactment whether on payment or free of charge; and where the parking of vehicles on such a part is prohibited by virtue of this section a person shall not be entitled to recover any sum paid by him in respect of the parking of a vehicle there.

[F91(9)In this section “parking meter”, “street parking place” and “traffic sign” have the meanings respectively assigned to them by [F92sections 46(2)(a), 142(1) and 64(1) of the Road Traffic Regulation Act 1984,]]

Textual Amendments

24 Litter.E+W+S

(1)It shall be the duty of the council of each county in England and Wales and the local authorities of which the areas are included in the county and, where the county includes land in a National Park, the Park authority to consult from time to time together, and with such voluntary bodies as the council and the authorities consider appropriate and as agree to participate in the consultations, about the steps which the council and each of the authorities and bodies is to take for the purpose of abating litter in the county; and it shall be the duty of the county council—

(a)to prepare and from time to time revise a statement of the steps which the council and each of the authorities and bodies agrees to take for that purpose; and

(b)to take such steps as in its opinion will give adequate publicity in the county to the statement; and

(c)to keep a copy of the statement available at its principal office for inspection by the public free of charge at all reasonable hours.

(2)The preceding subsection shall apply to Greater London and the Greater London Council as it applies to a county and the council of a county, and in that subsection “local authority” means a collection authority, a parish council, a parish meeting and a community council and “Park authority” means the National Parks Committee or the joint or special planning board for the park in question,

(3)In Scotland, it shall be the duty of—

(a)the council of each region of and the district councils of which the districts are included in the region to consult from time to time together and with such voluntary bodies as the regional council and the district councils consider appropriate and as agree to participate in the consultations;

(b)the council of each islands area to consult with such voluntary bodies as the council considers appropriate and as agree to participate in the consultations,

about the steps which the regional or islands council and each of the bodies with which it consulted (including, in the case of a regional council, each district council) is to take for the purpose of abating litter in the region or, as the case may be, islands area; and it shall be the duty of the regional or islands council—

(i)to prepare and from time to time revise a statement of the steps which the regional or islands council and each of the bodies agrees to take for the purpose;

(ii)to take such steps as in its opinion will give adequate publicity in its area to the statement; and

(iii)to keep a copy of the statement available at its principal office for inspection by the public free of charge at all reasonable hours.

F93(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93S. 24(4) repealed by Litter Act 1983 (c. 35, SIF 100:3) s. 12(3), Sch. 2

SupplementalE+W+S

F9425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F94S. 25 repealed (31.10.1994) by 1994 c. 21, s. 67(8), Sch. 11 Pt. II (with s. 40); S.I. 1994/2553, art. 2

26 Outfall pipes for sewage disposal works.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

Textual Amendments

[F9627 Interference with refuse tips and dustbins etc.E+W+S

(1)No person shall sort over or disturb—

(a)anything deposited at a place provided by a disposal authority or a collection authority for the deposit of waste or in a receptacle for waste which is provided by such an authority or a parish or community council for public use; or

(b)the contents of any receptacle for waste which, in accordance with [F97a notice under section 13(1) or (5)] of this Act, is placed on any highway or in any other place with a view to its being emptied,

unless he is authorised to do so by the authority [F98or council] in the case of anything deposited as mentioned in paragraph (a) above or, in the case of such a receptacle as is mentioned in paragraph (b) above, unless he is a person entitled to the custody of the receptacle or is authorised to do so by such a person or is a person having the function of emptying the receptacle.

F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person who contravenes any of the provisions of the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F99level 3 on the standard scale].]

Textual Amendments

F96S. 27 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I. 1994/1096, art. 3; 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

F99Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

28 Supplementary provisions relating to pipes.E+W+S

[F100(1)Where an authority provides pipes in pursuance of section 12(6), 14(5), 15(2), [F101or 21(4)] of this Act, it shall be the duty of the authority—

(a)except where the authority is a collection authority and the pipes are situated in its area, to send to the collection authority in whose area the pipes are situated a map . . . F102 showing the location of the pipes; and

(b)where the authority is a collection authority and the pipes are situated in its area, to prepare such a map;

and it shall be the duty of an authority by which a map is received in pursuance of paragraph (a) of this subsection or is prepared in pursuance of paragraph (b) of this subsection to secure that a copy of the map is available at its principal offices for inspection by the public free of charge at all reasonable hours.

In the application of this subsection to Scotland, the words “the authority is a collection authority and” in paragraphs (a) and (b) shall be omitted.

[F103(2)Section 25 of the M13Public Health Act 1936 (under which the erection of buildings over a sewer or drain may be prevented or controlled by a local authority or, on appeal, by a magistrates’ court) shall have effect as if references to a drain included any pipe provided as mentioned in the preceding subsection and as if the reference to the map of sewers required by that Act to be kept deposited at the offices of an authority included any map required by the preceding subsection to be kept available at the offices of the authority.]

(3)Section 21 of the M14Sewerage (Scotland) Act 1968 (under which the erection of buldings over a sewer vested in a local authority may be prevented or controlled by the authority or, on appeal, by the sheriff) shall have effect as if the reference to a sewer vested in a local authority included any pipe provided as mentioned in subsection (1) of this section.

(4)References to pipes in the preceding provisions of this section include associated works.]

Textual Amendments

Marginal Citations

29 Modification of Parts I and II to avoid duplication of control.E+W+S

[F104The Secretary of State may by regulations make such modifications of this Part of this Act and Part II of this Act as he considers appropriate with a view to securing that the provisions of one but not both of those Parts apply to prescribed acts and omissions.]

Textual Amendments

30 Interpretation etc. of Part I.E+W+S

[F105(1)Subject to the following subsection, in this Part of this Act—

  • [F106“the appropriate Agency” means—

    (a)

    in relation to England F107..., the Environment Agency;

    (aa)

    [F108in relation to Wales, the Natural Resources Body for Wales; and]

    (b)

    in relation to Scotland, SEPA;]

  • “associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, inspection chamber and manhole and such other works as are prescribed;

  • “collection authority” means the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple and “English collection authority” means a collection authority [F109of which the area is in the area of an English county disposal authority];

  • “controlled waste” means household, industrial and commercial waste or any such waste;

  • [F110“disposal authority” means the council of a county or metropolitan district in England, the council of a London borough and the Common Council of the City of London, “English county disposal authority” means the council of a county in England and “relevant disposal authority”, in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority;]

  • “disposal licence” has the meaning assigned to it by section 3(1) of this Act, and “holder” in relation to such a licence shall be construed in accordance with section 8(3) of this Act;

  • “private dwelling” means—

    (a)

    a hereditament or premises used wholly for the purposes of a private dwelling or private dwellings as determined in accordance with Schedule 13 to the M15General Rate Act 1967; and

    (b)

    a caravan as defined in section 29(1) of the M16Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M17Caravan Sites Act 1968) which usually and for the time being is situated on a caravan site within the meaning of that Act;

  • “relevant land” means—

    (a)

    in relation to a proposal to issue a disposal licence, the land on which activities may be carried on in pursuance of the licence if it is issued in accordance with the proposal; and

    (b)

    in relation to a disposal licence, the land on which activities may be carried on in pursuance of the licence,

    and references to land in the preceding paragraphs include such water as is mentioned in section 4(4) of this Act;

  • [F111“waste” has the same meaning as it has in Part II of the Environmental Protection Act 1990 by virtue of section 75(2) of that Act;]

F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the application of this Part of this Act to Scotland—

  • “collection authority” means an islands or district council;

  • “disposal authority” means an islands or district council;

  • “private dwelling” means—

    (a)

    lands and heritages used wholly or mainly for the purposes of a private dwelling or private dwellings; and

    (b)

    a caravan as defined in section 29(1) of the M18Caravan Sites and Control of Development Act 1960 which usually and for the time being is situated on a caravan site within the meaning of that Act;

  • “Scottish collection authority” means a collection authority of which the area is in Scotland;

  • “Scottish disposal authority” means a disposal authority of which the area is in Scotland.

(3)Subject to the following subsection, for the purposes of this Part of this Act—

(a)household waste consists of waste from a private dwelling or residential home or from premises forming part of a university or school or other educational establishment or forming part of a hospital or nursing home;

(b)industrial waste consists of waste from any factory within the meaning of the M19Factories Act 1961 and any premises occupied by a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or any undertaking, excluding waste from any mine or quarry; and

(c)commercial waste consists of waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—

(i)household and industrial waste, and

(ii)waste from any mine or quarry and waste from premises used for agriculture within the meaning of the M20Agriculture Act 1947 or, in Scotland, the M21Agriculture (Scotland) Act 1948, and

(iii)waste of any other description prescribed for the purposes of this sub-paragraph.

(4)Regulations may provide that waste of a prescribed description shall be treated for the purposes of prescribed provisions of this Part of this Act as being or not being household waste or industrial waste or commercial waste; but no regulations shall be made by virtue of the preceding provisions of this subsection in respect of such waste as is mentioned in paragraph (c)(ii) of the preceding subsection and references in those provisions and in the preceding subsection to waste do not include sewage except so far as regulations provide otherwise.

In this subsection “sewage” includes matter in or from a privy within the meaning of section 12(5) of this Act.

(5)Except as provided by regulations made by virtue of this subsection, nothing in this Part of this Act applies to radioactive waste within the meaning of [F113Schedule 23 to [F114the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)]] ; but regulations may—

(a)provide for prescribed provisions of this Part of this Act to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;

(b)make such modifications of F115[F116... [F117the Environmental Permitting (England and Wales) Regulations 2016] and any other enactment] as the Secretary of State considers appropriate in consequence of the passing of this Part of this Act or in connection with regulations made by virtue of the preceding paragraph.]

Textual Amendments

F106Words in s. 30(1) inserted (1.4.1996) by Environment Act 1995 (c. 25), Sch. 22 para. 27(a); S.I. 1996/186, art. 3

F109Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(5)

F110Definition substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(5)

F111Words in s. 30(1) substituted (1.1.2005 for S., 15.5.2006 for E.W.) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 27(b) (with ss. 7(6), 115, 117); S.S.I. 2004/541, art. 2(a); S.I. 2006/934, art. 2(a)

F112Words in s. 30(1) repealed (1.1.2005 for S., 15.5.2006 for E.W.) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 27(c), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2004/541, art. 2(a)(b)(i); S.I. 2006/934, art. 2(a)

Modifications etc. (not altering text)

C27By S.I. 1985/1884, art. 5, Sch. 2 para. 11 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 30 has effect as if in subsection (1) the definitions of “disposal authority”, “English county disposal authority” and “relevant disposal authority” were omitted and the following definitions were inserted at the appropriate places:

“area”,in relation to the Greater Manchester Waste Disposal Authority, means—

(a)for the purposes of the waste disposal provisions of this Act, the metropolitan county of Greater Manchester excluding the metropolitan district of Wigan; and

(b)for the purposes of the waste regulation provisions of this Act,the whole county;

“disposal authority” has the meaning given by subsections (2A) to (2D) of this section;

“English county disposal authority” means the council of a county in England, the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority;

“London waste disposal authority” means an authority established by Part II, III, IV or V of Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985;

“waste disposal provisions” means—

(a)sections 1 and 2 (waste disposal arrangements and plans);

(b)section 12 (collection of waste);

(c)section 13(4) (provision of receptacles for industrial or commercial waste);

(d)section 14 (disposal of waste);

(e)section 17(2)(a) and (c) (disposal of dangerous or intractable waste);

(f)sections 19 to 21 (powers in relation to disposal of waste which is not controlled waste, reclamation of waste and production of heat and electricity from waste); and

(g)section 27(1) (interference with refuse tips and dustbins etc.);

“waste regulation provisions” means—

(a)sections 3 to 11 (disposal licences);

b)section 16 (removal of waste deposited in breach of licensing provisions); and

(c)section 17(1)(a) and (2)(b) to (d) (directions as to disposal of dangerous or intractable waste, supervision of certain activities, recovery of expenses and charges and appeals to the Secretary of State);

C28S. 30 shall be modified to have effect as if after subsection (1) there were inserted subsections by S.I. 1985/1884, art. 5, Sch. 2 para. 11(b) the following subsections:

(2A)In Greater London the disposal authority is—

(a)for the purposes of the waste disposal provisions of this Act—

(i)in the area of a London waste disposal authority, that authority;

(ii) in the City of London, the Common Council;

(iii)in any other London borough, the council of that borough; and

(b)for the purposes of the waste regulation provisions of this Act, the London Waste Regulation Authority.

(2B)In the metropolitan county of Greater Manchester the disposal authority is—

(a)for the purposes of the waste disposal provisions of this Act—

(i)in the metropolitan district of Wigan, the district council;

(ii)in all other areas in the county, the Greater Manchester Waste Disposal Authority; and

(b)for the purposes of the waste regulation provisions of this Act, the Greater Manchester Waste Disposal Authority.

(2C)In the metropolitan county of Merseyside the disposal authority is the Merseyside Waste Disposal Authority.

(2D)In all other local authority areas in England the disposal authority is the council of the county or metropolitan district and in Wales it is the council of the district.

Marginal Citations