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Version Superseded: 09/05/2018
Point in time view as at 15/09/2016.
Environmental Protection Act 1990, Cross Heading: Supervision and enforcement is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Ss.68-70 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 85, Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.
Modifications etc. (not altering text)
C1Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)
Textual Amendments
F2Ss. 68-70 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 85, Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.
Textual Amendments
F3Ss. 68-70 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 85, Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.
F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)For the purpose of the discharge of their respective functions under this Part—
(a)the Secretary of State, and
(b)a waste regulation authority,
may, by notice in writing served on him, require any person to furnish such information specified in the notice as the Secretary of State or the authority, as the case may be, reasonably considers he or it needs, in such form and within such period following service of the notice [F5, or at such time,] as is so specified.
[F6(2A)A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.]
(3)A person who—
(a)fails, without reasonable excuse, to comply with a requirement imposed under subsection (2) [F7or (2A)] above; F8. . .
F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be liable—
(i)on summary conviction, to a fine not exceeding the statutory maximum;
(ii)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
[F10(4)The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specified in the notice, such information as may be so specified in respect of—
(a)cases where the authority has exercised any powers under section 59 above, and
(b)cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above.]
Textual Amendments
F4S. 71(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 86(1), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.
F5Words in s. 71(2) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 86(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.
F6S. 71(2A) inserted (16.3.2006 for W. for specified purposes, 3.3.2015 for E. for specified purposes, 6.4.2015 in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(2)(a), 108(1)(2); S.I. 2006/768, art. 3; S.I. 2015/425, arts. 2(b), 4(1)(b)
F7Words in s. 71(3) inserted (16.3.2006 for W. for specified purposes, 3.3.2015 for E. for specified purposes, 6.4.2015 in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(2)(b), 108(1)(2); S.I. 2006/768, art. 3; S.I. 2015/425, arts. 2(b), 4(1)(b)
F8Word immediately preceding s. 71(3)(b) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3
F9S. 71(3)(b) repealed (1.4.1996) by 1995 c. 25, ss. 112, 120(3), Sch. 19 para. 4(2), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.
F10S. 71(4) inserted (E.W.) (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 55(5), 93; S.I. 2004/690, art. 3; S.I. 2004/999, art. 2
Modifications etc. (not altering text)
C2S. 71 applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg.15.
C3S. 71(2)(3) applied (1.5.1994) by S.I. 1994/1056, reg. 20(8).
S. 71(2)(3) amended (1.5.1994) by S.I. 1994/1056, reg. 19, Sch. 4 Pt. I para. 13(2).
C4S. 71(2)(3) modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 13(2) (with regs. 31-33)
C5S. 71(2)(3) modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), regs. 1(1), 30(7) (with regs. 31-33)
Commencement Information
I1S. 71 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Textual Amendments
F11S. 72 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 87, Sch.24(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3.
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