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

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

[F111 Special provisions for land occupied by disposal authorities. E+W+S

(1)Nothing in subsection (1) of section 3 of this Act shall apply to—

(a)the deposit of controlled waste on land in the area of a disposal authority which is occupied by the authority; or

(b)the use on land so occupied of any plant or equipment for the purpose of disposing of controlled waste or of dealing with controlled waste in a manner prescribed in pursuance of paragraph (b) of that subsection,

if the deposit is made or the plant or equipment is used by the authority or is made or used with the consent of the authority and in accordance with the conditions, if any, to which the consent is subject (other than a condition as to which it is provided by regulations that the condition shall be disregarded for the purposes of this subsection).

(2)If any land occupied by a disposal authority is used by the authority as a site on which to deposit or permit other persons to deposit controlled waste or on which to use or permit other persons to use any plant or equipment for the purpose aforesaid, it shall be the duty of the authority to ensure that the land is used in accordance with conditions which are—

(a)calculated to prevent its use from causing pollution of water, danger to public health and serious detriment to the amenities of the locality in which the land is situated; and

(b)specified in a resolution passed by the authority in accordance with the following provisions of this section.

(3)Where a disposal authority proposes that any land which the authority occupies or intends to occupy should be used by the authority as mentioned in the preceding subsection, it shall be the duty of the authority before it gives effect to the proposal—

(a)to prepare a statement of the conditions which the authority intends to specify in a resolution to be passed by the authority in pursuance of paragraph (e) of this subsection;

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)to refer the proposal and the statement to each water authority [F3, and in the case of an English county disposal authority each collection authority,]] of which the area includes any of the land question . . . F4

(d)to consider any representations about the proposal and statement which, during the period of twenty-one days beginning with that on which the proposal and statement are received by [F5the National Rivers Authority, a] or collection authority or during such longer period as the disposal authority and the other authority agree in writing, the disposal authority receives from the other authority (including in particular any representations about the conditions which the other authority considers should be included in any resolution passed in pursuance of the following paragraph);

(e)subject to subsection (5) of this section, to pass a resolution specifying the conditions in accordance with which the land in question is to be used by the disposal authority as mentioned in the preceding subsection.

(4)In the application of the preceding subsection to Scotland—

(a)for paragraphs (c) and (d) there shall be substituted the following paragraphs—

“(c)to refer the proposal and the statement to the river purification authority whose area includes any of the land in question and, where the disposal authority is not also a district planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973, to the general planning authority within the meaning of that section whose area includes any of the land . . . F4

(d)to consider any representations about the proposal and statement which, during the period of twenty-one days beginning with that on which the proposal and statement are received by the river purification authority or the general planning authority or during such longer period as the disposal authority and the other authority agree in writing, the disposal authority receives from that authority (including in particular any representations about the conditions which the river purification authority or the general planning authority considers should be included in any resolution passed in pursuance of the following paragraph);”

(b)paragraphs (a) to (d), and in paragraph (e) the words “subject to subsection (5) of this section”, shall have effect only in a case where the proposal is made by a disposal authority other than an islands council.

(5)If [F6a water authority][F6the National Rivers Authority] or, in Scotland, a river purification authority to which a proposal is referred by a disposal authority in pursuance of paragraph (c) of subsection (3) of this section requests the disposal authority not to proceed with the proposal or disagrees with the disposal authority as to the conditions to be specified in a resolution in pursuance of paragraph (e) of that subsection, either of them may refer the matter to the Secretary of State and it shall be the duty of the disposal authority not to pass a resolution in pursuance of that paragraph except in accordance with his decision.

(6)A disposal authority by which a resolution has been passed in pursuance of paragraph (e) of subsection (3) of this section or this subsection—

(a)may vary or rescind the resolution by a subsequent resolution of the authority; . . . F7

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Paragraphs (a) to (d) of subsection (3) and subsection (5) of this section shall with the necessary modifications apply to a proposal to pass a resolution in pursuance of paragraph (a) of the preceding subsection and to such a resolution as they apply to such a proposal as is mentioned in those provisions and to a resolution in pursuance of the said paragraph (e), except that—

(a)those provisions shall not apply to or to a proposal to pass a resolution which only rescinds a previous resolution; and

(b)the disposal authority may postpone the reference in pursuance of the said subsection (3) so far as the authority considers that by reason of an emergency it is appropriate to do so; and

(c)the disposal authority may disregard any other authority for the purposes of the preceding provisions of this subsection in relation to a resolution which, in the opinion of the disposal authority, will not affect the other authority.

(8)If while a resolution is in force in pursuance of the preceding provisions of this section it appears to the authority which passed the resolution—

(a)that the continuation of activities to which the resolution 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 activities ought not to continue; and

(b)that the pollution, danger or detriment cannot be avoided by modifying the conditions relating to the carrying on of the activities,

it shall be the duty of the authority to discontinue the activities and to rescind the resolution.

(9)[F8If it appears to a water authority or, in Scotland, a river purification authority that activities to which a resolution in pursuance of this section relates are causing or likely to cause pollution to [F9controlled waters] (within the meaning of Part II of this Act) in the area of the authority the authority may, without prejudice to the provisions of the preceding subsection or the said Part II, request][F8If it appears to the National Rivers Authority that activities to which a resolution in pursuance of this section relates are causing or are likely to cause pollution to controlled waters, the National Rivers Authority may, without prejudice to the provisions of the preceding subsection or of Chapter I of Part III of the Water Act 1989, request] the Secretary of State to direct the disposal authority which passed the resolution to discontinue the activities; and it shall be the duty of a disposal authority to comply with a direction given to it in pursuance of this subsection.

(10)While a resolution passed by a disposal authority in pursuance of subsection (3) or (6) of this section is in force it shall be the duty of the authority to secure that [F10copies] of the resolution are included in the register maintained by the authority in pursuance of section 6(4)(a) of this Act.

[F11X1(11)References to land in this section include such water as is mentioned in section 4(4) of this Act.]

[F11(11)In this section—

(a)“land” has the same meaning as in section 3 of this Act; and

(b)“controlled waters” has the same meaning as in Chapter I of Part III of the Water Act 1989.]

Editorial Information

X1S. 11(11) beginning “In this section” substituted (E.W.) for S. 11(11) beginning “References” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(4)(d), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Textual Amendments

F3By Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(4) it is provided that with effect from 1.4.1986 for the words “and collection authority” there shall be substituted “, and in the case of an English county disposal authority each collection authority,”

F6 “the National Rivers Authority” substituted (E.W) for “a water authority” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(4)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F8Words commencing “If it appears to the National Rivers Authority” substituted (E.W.) for words commencing “If it appears to a water authority” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(4)(c), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F9Words “controlled waters” substituted (S.) for “relevant waters” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)–(10), 190, 193(1), Sch. 23 para. 3, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F11S. 11(11) beginning “In this section” substituted (E.W.) for S. 11(11) beginning “References” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(4)(d), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Modifications etc. (not altering text)

C3S. 11 shall have effect as if at the end of subsection (11) there were added (E.W.) by S.I. 1985/1884, art. 5, Sch. 2 para. 7(c) the following:

(12)Any resolution passed in pursuance of this section by the Greater London Council or the Greater Manchester County Council which is in force immediately before 1st April 1986 in relation to land transferred by or under the Local Government Act 1985 to a London waste disposal authority, the Common Council of the City of London, the council of a London borough or the council of the metropolitan district of Wigan (“the transferee authority”) shall have effect from that date as if it were a disposal licence granted under section 5 of this Act by the London Waste Regulation Authority or, as the case may be, the Greater Manchester Waste Disposal Authority to the transferee authority to use the land in question subject to the conditions specified in the resolution.

C4By S.I. 1985/1884, art. 5, Sch. 2 para. 7(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 1.4.1986) it was provided that (coming into operation on 27.12.1985) s. 11(3)(c) shall modified to have effect as if subsection (c) were substituted as therein specified and so specified and amended as indicated below, subsection (c) is as follows:

(c)to refer the proposal and the statement to [the National Rivers Authority] and

(i)in the case of the London Waste Regulation Authority, to any London waste disposal authority and any collection authority whose area includes any of the land in question;

(ii)in the case of an English county disposal authority, to any collection authority whose area includes any of the land in question; expressed to be substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(4)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58]

C5By S.I. 1985/1884, art. 5, Sch. 2 para.7(b) (which was made under 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 1.4.1986) it was provided that (coming into operation on 27.12.1985) s. 11(3)(d) shall be modified to have effect as if in subsection (d) after the words “a water authority” the following words were inserted “, London waste disposal authority”