C1C2 Part I Waste on land

Annotations:
Modifications etc. (not altering text)
C1

Part 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))

C2

Pt. 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.

C35F1 Licences to dispose of waste.

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 F2. . .

C4C52

A disposal licence shall not be issued for a use of land, plant or equipment for which planning permission is required in pursuance of F3the Town and Country Planning Act 1990 or, in Scotland, F4the Town and Country Planning (Scotland) Act 1997 unless such permission is in force; F2. . .

3

F5Where 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 F5the appropriate Agency not to reject the application unless F5that Agency is satisfied that its rejection is necessary for the purpose of preventing pollution of water or danger to public health.

4

Where F6the appropriate Agency proposes to issue a disposal licence, it shall be the duty of F6that Agency before it does so—

F7a

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 F2. . . mentioned in paragraph (a) of this subsection or during such longer period as that Agency and that body F2. . . agree in writing, F6that Agency receives from that body F2. . . (including in particular any representations about the conditions which that body F2. . . considers should be specified in the licence);

F8. . .

F95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.