I1C1C2C3 Part II Waste on Land

Annotations:
Commencement Information
I1

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)

Modifications etc. (not altering text)
C1

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

I229 Preliminary.

1

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

F111A

“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 F16or extractive waste is treated,

b

the land on which controlled waste F16or extractive waste is kept,

c

the land in or on which controlled waste F16or extractive waste is deposited,

d

fixed plant by means of which controlled waste F16or extractive 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 F17or extractive waste is treated or disposed of as it applies to plant on land by means of which controlled waste F17or extractive 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.

F255A

In relation to controlled waste—

a

a reference to the management of such waste is a reference to the collection, transport, recovery and disposal of such waste and includes—

i

the supervision of such operations;

ii

the after-care of disposal sites; and

iii

actions taken as a broker or dealer;

b

“collection” means the gathering of such waste, including the preliminary sorting and preliminary storage of such waste for the purposes of transport to a waste treatment facility; and

F26ba

“separate collection” means that waste is presented for collection, and collected, in a manner that ensures that—

i

dry recyclable waste is kept separate from other waste;

ii

waste from one dry waste stream is kept separate from waste in another such stream; and

iii

food waste is kept separate from other waste;

c

“recovery” refers to any of the operations listed in Part III of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011, and any other operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in a plant or in the wider economy,

and cognate expressions shall be construed accordingly.

6

The “disposal” of waste F29includes its disposal by way of deposit in or on landF29has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011 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 F18or extractive 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, F13subject to subsection (10) below, plant which is designed to move or be moved whether on roads or other land.

10

F14Regulations 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.

F15F2212

“The Environmental Permitting Regulations” means F30the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154).

13

The following expressions have the same meaning as in F23the Environmental Permitting Regulations—

  • “environmental permit”;

  • “exempt waste operation”;

  • F19“extractive waste”;

  • “mining waste operation”;

  • “the Mining Waste Directive”;

  • “waste operation”.

I330 Authorities for purposes of this Part.

F11

Any reference in this Part to a waste regulation authority—

a

in relation to England F28..., is a reference to the Environment Agency; F28...

F27aa

in relation to Wales, is a reference to the Natural Resources Body for Wales; 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 F31, the Natural Resources Body for Wales 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;

F2f

for any county or county borough in Wales, the council of the county or county borough;

g

in Scotland, F3a 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 F4. . . 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;

F5bb

for any county or county borough in Wales, the council of the county or county borough;

c

in Scotland, F6a 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 F7. . . 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 F8. . ..

F324A

In this Part—

  • “English waste collection authority” means a waste collection authority whose area is in England;

  • “English waste disposal authority” means a waste disposal authority whose area is in England.

5

F24In 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”F20means a company as defined in section 1(1) of the Companies Act 2006 and “formed”, in relation to a company formed by other persons, includes the F21alteration of the company's articles so as to add, remove or alter a statement of the company's objects.

F96

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F97

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F98

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32 Transition to waste disposal companies etc.

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