I3C1Part II Waste on Land
Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Preliminary
I129 Preliminary.
1
The following provisions have effect for the interpretation of this Part.
F11A
“Appropriate person” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the National Assembly for Wales.
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.
I230 Authorities for purposes of this Part.
F21
Any reference in this Part to a waste regulation authority—
a
in relation to England and Wales, is a reference to the Environment Agency; and
b
in relation to Scotland, is a reference to the Scottish Environment Protection Agency;
and any reference in this Part to the area of a waste regulation authority shall accordingly be taken as a reference to the area over which the Environment Agency or the Scottish Environment Protection Agency, as the case may be, exercises its functions or, in the case of any particular function, the function in question.
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;
F3f
for any county or county borough in Wales, the council of the county or county borough;
g
in Scotland, F4a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
3
For the purposes of this Part the following authorities are waste collection authorities—
a
for any district in England F5. . . 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;
F6bb
for any county or county borough in Wales, the council of the county or county borough;
c
in Scotland, F7a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
4
In this section references to particular authorities having been constituted as waste disposal F8. . . are references to their having been so constituted by the M1Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the M2Local 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 F9. . ..
5
F10In 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 M3Companies Act 1985 and “formed”, in relation to a company formed by other persons, includes the alteration of the objects of the company.
F116
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F117
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F118
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32 Transition to waste disposal companies etc.
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Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)