Environmental Protection Act 1990

Prospective

Preliminary E+W+S

29 Preliminary. E+W+S

(1) The following provisions have effect for the interpretation of this Part.

(2) The “environment” consists of all, or any, of the following media, namely land, water and the air.

(3) “Pollution of the environment” means pollution of the environment due to the release or escape (into any environmental medium) from—

(a) the land on which controlled waste is treated,

(b) the land on which controlled waste is kept,

(c) the land in or on which controlled waste is deposited,

(d) fixed plant by means of which controlled waste is treated, kept or disposed of,

of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to man or any other living organisms supported by the environment.

(4) Subsection (3) above applies in relation to mobile plant by means of which controlled waste is treated or disposed of as it applies to plant on land by means of which controlled waste is treated or disposed of.

(5) For the purposes of subsections (3) and (4) above “harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and in the case of man includes offence to any of his senses or harm to his property; and “harmless” has a corresponding meaning.

(6) The “disposal” of waste includes its disposal by way of deposit in or on land and, subject to subsection (7) below, waste is “treated” when it is subjected to any process, including making it re-usable or reclaiming substances from it and “recycle” (and cognate expressions) shall be construed accordingly.

(7) Regulations made by the Secretary of State may prescribe activities as activities which constitute the treatment of waste for the purposes of this Part or any provision of this Part prescribed in the regulations.

(8) “Land” includes land covered by waters where the land is above the low water mark of ordinary spring tides and references to land on which controlled waste is treated, kept or deposited are references to the surface of the land (including any structure set into the surface).

(9) “Mobile plant” means, subject to subsection (10) below, plant which is designed to move or be moved whether on roads or other land.

(10) Regulations made by the Secretary of State may prescribe descriptions of plant which are to be treated as being, or as not being, mobile plant for the purposes of this Part.

(11) “Substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.

Valid from 31/05/1991

30 Authorities for purposes of this Part. E+W+S

(1) For the purposes of this Part the following authorities are, subject to section 31 below, waste regulation authorities, namely—

(a) for any non-metropolitan county in England, the county council;

(b) for Greater London, the authority constituted as the London Waste Regulation Authority;

(c) for the metropolitan county of Greater Manchester, the authority constituted as the Greater Manchester Waste Disposal Authority;

(d) for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;

(e) for any district in any other metropolitan county in England, the council of the district;

(f) for any district in Wales, the council of the district;

(g) in Scotland, an islands or district council;

and the authorities mentioned in paragraph (c) and (d) above shall for the purposes of their functions as waste regulation authorities be known as the Greater Manchester Waste Regulation Authority and the Merseyside Waste Regulation Authority respectively.

(2) For the purposes of this Part the following authorities are waste disposal authorities, namely—

(a) for any non-metropolitan county in England, the county council;

(b) in Greater London, the following—

(i) for the area of a London waste disposal authority, the authority constituted as the waste disposal authority for that area;

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

(iii) for any other London borough, the council of the borough;

(c) in the metropolitan county of Greater Manchester, the following—

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

(ii) for all other areas in the county, the authority constituted as the Greater Manchester Waste Disposal Authority;

(d) for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;

(e) for any district in any other metropolitan county in England, the council of the district;

(f) for any district in Wales, the council of the district;

(g) in Scotland, an islands or district council.

(3) For the purposes of this Part the following authorities are waste collection authorities—

(a) for any district in England and Wales not within Greater London, the council of the district;

(b) in Greater London, the following—

(i) for any London borough, the council of the borough;

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

(iii) for the Temples, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple respectively;

(c) in Scotland, an islands or district council.

(4) In this section references to particular authorities having been constituted as waste disposal or regulation authorities are references to their having been so constituted by the M1 Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the M2 Local Government Act 1985 and the reference to London waste disposal authorities is a reference to the authorities named in Parts I, II, III, IV and V of Schedule 1 to that Order and this section has effect subject to any order made under the said section 10 establishing authorities to discharge any functions to which that section applies.

(5) In this Part “waste disposal contractor” means a person who in the course of a business collects, keeps, treats or disposes of waste, being either—

(a) a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or

(b) either a company formed for all or any of those purposes by other persons or a partnership or an individual;

and “company” has the same meaning as in the M3 Companies Act 1985 and “formed”, in relation to a company formed by other persons, includes the alteration of the objects of the company.

(6) In this Part, in its application to Scotland, “river purification authority” means a river purification authority within the meaning of the M4 Rivers (Prevention of Pollution) (Scotland) Act 1951.

(7) It shall be the duty of each authority which is both a waste regulation authority and a waste disposal authority—

(a) to make administrative arrangements for keeping its functions as a waste regulation authority separate from its functions as a waste disposal authority; and

(b) to submit details of the arrangements which it has made to the Secretary of State.

(8) The Secretary of State may give to an authority to which subsection (7) above applies directions as to the arrangements which it is to make for the purpose of keeping its functions as a waste regulation authority separate from its functions as a waste disposal authority; and it shall be the duty of the authority to give effect to the directions.

Commencement Information

I1 S. 30 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Marginal Citations

M1 S.I. 1985/1884.

M2 1985 c. 51.

M3 1985 c. 6.

M4 1951 c. 64.

31 Power to create regional authorities for purposes of waste regulation. E+W+S

(1) If it appears to the Secretary of State in the case of any two or more of the authorities mentioned in section 30(1) above that those authorities (in this section referred to as “relevant authorities”) could with advantage make joint arrangements for the discharge of all or any of their functions as waste regulation authorities, he may by order establish a single authority (a “regional authority”) to discharge such of those functions as may be specified in the order for the area comprising the areas of those authorities.

(2) A regional authority shall exercise the functions specified in the order establishing it on and after a day specified in the order and, so far as the exercise of those functions (if not withdrawn) and any subsequently-conferred functions is concerned, shall (in place of the relevant authorities) be the waste regulation authority for the purposes of this Part.

(3) The members of a regional authority shall be appointed by the relevant authorities in accordance with the order establishing it and no person shall be such a member unless he is a member of one of the relevant authorities.

(4) The Secretary of State may by order made with respect to any regional authority—

(a) confer or impose on it further functions;

(b) withdraw from it any functions previously conferred or imposed; or

(c) dissolve it;

and functions may be so conferred or imposed or withdrawn as respects the whole or any part of the authority’s area.

(5) An order under this section may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provision for the transfer of property, staff, rights and liabilities.

32 Transition to waste disposal companies etc. E+W

(1) In this section “existing disposal authority” means any authority (including any joint authority) constituted as a waste disposal authority for any area before the day appointed for this section to come into force.

(2) The Secretary of State shall, subject to subsection (3) below, give directions to existing disposal authorities or, in the case of joint authorities, to the constituent authorities requiring them, before specified dates, to—

(a) form or participate in forming waste disposal companies; and

(b) transfer to the companies so formed, by and in accordance with a scheme made in accordance with Schedule 2 to this Act, the relevant part of their undertakings;

and a waste disposal authority shall accordingly have power to form, and hold securities in, any company so established.

(3) Subject to subsection (4) below, the Secretary of State shall not give any direction under subsection (2) above to an existing disposal authority, or to the constituent authorities of an existing disposal authority, as respects which or each of which he is satisfied that the authority—

(a) has formed or participated in forming a waste disposal company and transferred to it the relevant part of its undertaking;

(b) has, in pursuance of arrangements made with other persons, ceased to carry on itself the relevant part of its undertaking;

(c) has made arrangements with other persons to cease to carry on itself the relevant part of its undertaking; or

(d) has, in pursuance of arrangements made with other persons, ceased to provide places at which and plant and equipment by means of which controlled waste can be disposed of or deposited for the purposes of disposal.

(4) Subsection (3) above does not apply in a case falling within paragraph (a) unless it appears to the Secretary of State that—

(a) the form of the company and the undertaking transferred are satisfactory; and

(b) the requirements of subsections (8) and (9) below are fulfilled;

and “satisfactory” means satisfactory by reference to the corresponding arrangements to which he would give his approval for the purposes of a transfer scheme under Schedule 2 to this Act.

(5) Where the Secretary of State is precluded from giving a direction under subsection (2) above to any authority by reason of his being satisfied as to the arrangements mentioned in subsection (3)(c) above, then, if those arrangements are not implemented within what appears to him to be a reasonable time, he may exercise his power to give directions under subsection (2) above as respects that authority.

(6) Part I of Schedule 2 to this Act has effect for the purposes of this section and Part II for regulating the functions of waste disposal authorities and the activities of waste disposal contractors.

(7) Subject to subsection (8) below, the activities of a company which a waste disposal authority has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise) may include activities which are beyond the powers of the authority to carry on itself, but, in the case of a company formed otherwise than in pursuance of subsection (2)(a) above, only if the Secretary of State has determined under subsection (4)(a) above that the form of the company and the undertaking transferred to it are satisfactory.

(8) A waste disposal authority shall, for so long as it controls a company which it has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise), so exercise its control as to secure that the company does not engage in activities other than the following activities or any activities incidental or conducive to, or calculated to facilitate, them, that is to say, the disposal, keeping or treatment of waste and the collection of waste.

(9) Subject to subsection (10) below, a waste disposal authority shall, for so long as it controls a company which it has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise), so exercise its control as to secure that, for the purposes of Part V of the M5 Local Government and Housing Act 1989, the company is an arm’s length company.

(10) Subsection (9) above shall not apply in the case of a company which a waste disposal authority has formed or participated in forming in pursuance of subsection (2)(a) above until after the vesting date for that company.

(11) In this section and Schedule 2 to this Act—

• “control” (and cognate expressions) is to be construed in accordance with section 68 or, as the case requires, section 73 of the Local Government and Housing Act 1989;

• “the relevant part” of the undertaking of an existing disposal authority is that part which relates to the disposal, keeping or treatment or the collection of waste;

and in this section “securities” and “vesting date” have the same meaning as in Schedule 2.

(12) This section shall not apply to Scotland.

Marginal Citations

M5 1989 c. 42.