Environmental Protection Act 1990

Supplemental E+W+S

73 Appeals and other provisions relating to legal proceedings and civil liability. E+W+S

(1) An appeal against any decision of a magistrates’ court under this Part (other than a decision made in criminal proceedings) shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Crown Court by virtue of any other enactment.

(2) In Scotland an appeal against any decision of the sheriff under this Part (other than a decision made in criminal proceedings) shall lie to the Court of Session at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Court of Session by virtue of any other enactment.

(3) Where a person appeals to the Crown Court or the Court of Session against a decision of a magistrates’ court or the sheriff dismissing an appeal against any requirement imposed under this Part which was suspended pending determination of that appeal, the requirement shall again be suspended pending the determination of the appeal to the Crown Court or Court of Session.

(4) Where an appeal against a decision of any authority lies to a magistrates’ court or to the sheriff by virtue of any provision of this Part, it shall be the duty of the authority to include in any document by which it notifies the decision to the person concerned a statement indicating that such an appeal lies and specifying the time within which it must be brought.

(5) Where on an appeal to any court against or arising out of a decision of any authority under this Part the court varies or reverses the decision it shall be the duty of the authority to act in accordance with the court’s decision.

(6) Where any damage is caused by waste which has been deposited in or on land, any person who deposited it, or knowingly caused or knowingly permitted it to be deposited, in either case so as to commit an offence under section 33(1) or 63(2) above, is liable for the damage except where the damage—

(a) was due wholly to the fault of the person who suffered it; or

(b) was suffered by a person who voluntarily accepted the risk of the damage being caused;

but without prejudice to any liability arising otherwise than under this subsection.

(7) The matters which may be proved by way of defence under section 33(7) above may be proved also by way of defence to an action brought under subsection (6) above.

(8) In subsection (6) above—

• “damage” includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition); and

• “fault” has the same meaning as in the M1 Law Reform (Contributory Negligence) Act 1945.

(9) For the purposes of the following enactments—

(a) the M2 Fatal Accidents Act 1976;

(b) the Law Reform (Contributory Negligence) Act 1945; and

(c) the M3 Limitation Act 1980;

and for the purposes of any action of damages in Scotland arising out of the death of, or personal injury to, any person, any damage for which a person is liable under subsection (6) above shall be treated as due to his fault.

[F1 (10) In subsection (2) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

Extent Information

E1 For extent see s. 164(4)(5).

Textual Amendments

F1 S. 73(10) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 40(5); S.S.I. 2014/160, art. 2(1)(2), sch.

Modifications etc. (not altering text)

C2 Pt. 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)

Commencement Information

I2 S. 73 wholly in force at 1.5.1994; s. 73 not in force at Royal Assent, see s. 164(3); s. 73(1)-(5) in force at 1.4.1992 by S.I 1992/266, art. 3; s. 73 in force in so far as not already in force at 1.5.1994 by S.I. 1994/1096, art. 2(1)

Marginal Citations

M1 1945 c. 28.

M2 1976 c. 30.

M3 1980 c. 58.

[F2 73A Use of fixed penalty receipts E+W

(1) The Environment Agency must pay amounts received by it under section [F3 34ZA or] 34A above to the Secretary of State.

[F4 (1A) The Natural Resources Body for Wales must pay amounts received by it under section [F5 34ZB or] 34A above to the Welsh Ministers.]

(2) A waste collection authority may use amounts received by it under section [F6 33ZA,] [F7 33ZB,] [F8 34ZA,] [F9 34ZB,] 34A[F10 , 46A] or 47ZA above (its “fixed penalty receipts”) only for the purposes of—

(a) its functions under this Part (including functions relating to the enforcement of offences under this Part); and

(b) such other of its functions as may be specified in regulations made by the appropriate person.

(3) Regulations under subsection (2)(b) above may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts for the purposes of any of its functions.

(4) A waste collection authority must supply the appropriate person with such information relating to its use of its fixed penalty receipts as the appropriate person may require.

(5) The appropriate person may by regulations—

(a) make provision for what a waste collection authority is to do with its fixed penalty receipts—

(i) pending their being used for the purposes of functions of the authority referred to in subsection (2) above;

(ii) if they are not so used before such time after their receipt as may be specified by the regulations;

(b) make provision for accounting arrangements in respect of a waste collection authority's fixed penalty receipts.

(6) The provision that may be made under subsection (5)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the waste collection authority.

(7) Before making regulations under this section, the appropriate person must consult—

(a) the waste collection authorities to which the regulations are to apply;

(b) such other persons as the appropriate person thinks fit.

(8) Regulations under this section may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority).

(9) The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section.]

Textual Amendments

F2 S. 73A inserted (E.W.) (16.3.2006 for certain purposes for W., 6.4.2006 for E. and 15.3.2007 in so far as not already in force for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 52, 108; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4

F3 Words in s. 73A(1) inserted (E.W.) (7.1.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(1), 3(3)(a)

F4 S. 73A(1A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 215 (with Sch. 7)

F5 Words in s. 73A(1A) inserted (E.W.) (21.2.2019) by The Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019 (S.I. 2019/331), regs. 1(2), 2(3)(a)

F6 Word in s. 73A(2) inserted (9.5.2016) by The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 (S.I. 2016/334), regs. 1(1), 2(3)

F7 Word in s. 73A(2) inserted (25.10.2017) by The Unauthorised Deposit of Waste (Fixed Penalties) (Wales) Regulations 2017 (S.I. 2017/1024), regs. 1(2), 2(3)

F8 Word in s. 73A(2) inserted (E.W.) (7.1.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(1), 3(3)(b)

F9 Word in s. 73A(2) inserted (E.W.) (21.2.2019) by The Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019 (S.I. 2019/331), regs. 1(2), 2(3)(b)

F10 Word in s. 73A(2) inserted (26.3.2015 for specified purposes, 15.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 58(5), 115(2)(c); S.I. 2015/994, art. 8

74 Meaning of “fit and proper person”. E+W+S

[F11 (1) The following provisions apply for the purposes of the discharge by a waste regulation authority of any function under this Part which requires the authority to determine whether a person is or is not a fit and proper person to hold a waste management licence.

(2) Whether a person is or is not a fit and proper person to hold a licence is to be determined by reference to the carrying on by him of the activities which are or are to be authorised by the licence and the fulfilment of the requirements of the licence.

(3) Subject to subsection (4) below, a person shall be treated as not being a fit and proper person if it appears to the authority—

(a) that he or another relevant person has been convicted of a relevant offence;

(b) that the management of the activities which are or are to be authorised by the licence are not or will not be in the hands of a technically competent person; or

(c) that the person who holds or is to hold the licence has not made and either has no intention of making or is in no position to make financial provision adequate to discharge the obligations arising from the licence.

(4) The authority may, if it considers it proper to do so in any particular case, treat a person as a fit and proper person notwithstanding that subsection (3)(a) above applies in his case.

(5) It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State with respect to the discharge of their functions of making the determinations to which this section applies.

(6) The Secretary of State may, by regulations, prescribe the offences that are relevant for the purposes of subsection (3)(a) above and the qualifications and experience required of a person for the purposes of subsection (3)(b) above.

(7) For the purposes of subsection (3)(a) above, another relevant person shall be treated, in relation to the licence holder or proposed licence holder, as the case may be, as having been convicted of a relevant offence if—

(a) any person has been convicted of a relevant offence committed by him in the course of his employment by the holder or, as the case may be, the proposed holder of the licence or in the course of the carrying on of any business by a partnership one of the members of which was the holder or, as the case may be, the proposed holder of the licence;

[F12 (aa) a partnership has been convicted of a relevant offence committed when the holder or, as the case may be, proposed holder of the licence was a member of that partnership;]

(b) a body corporate has been convicted of a relevant offence committed when the holder or, as the case may be, the proposed holder of the licence was a director, manager, secretary or other similar officer of that body corporate; F13 ...

[F14 (ba) where the holder or, as the case may be, proposed holder of the licence is a partnership, a person who is a member of that partnership—

(i) has been convicted of a relevant offence;

(ii) was a member of another partnership at a time when a relevant offence of which that other partnership has been convicted was committed; or

(iii) was a director, manager, secretary, or other similar officer of a body corporate at a time when a relevant offence of which that body corporate has been convicted was committed; or]

(c) where the holder or, as the case may be, the proposed holder of the licence is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate—

(i) has been convicted of a relevant offence; F15 ...

[F16 (ia) was a member of a partnership at a time when a relevant offence of which that partnership has been convicted was committed; or]

(ii) was a director, manager, secretary or other similar officer of another body corporate at a time when a relevant offence [F17 of] which that other body corporate has been convicted was committed.]

Textual Amendments

F11 S. 74 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 73, Sch. 21 para. 17, Sch. 23 (with reg. 72, Sch. 4)

F12 S. 74(7)(aa) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 48(a), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.

F13 Word in s. 74(7) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 48(b), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.

F14 S. 74(7)(ba) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 48(c), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.

F15 Word in s. 74(7)(c) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 48(d)(i), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.

F16 S. 74(7)(c)(ia) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 48(d)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.

F17 Word in s. 74(7)(c)(ii) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 48(d)(iii), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.

Commencement Information

I3 S. 74 wholly in force at 1.5.1994; s. 74 not in force at Royal Assent, see s. 164(3); s. 74(6) in force at 18.2.1993 by S.I. 1993/274, art. 2(1); s. 74 in force in so far as not already in force at 1.5.1994 by S.I. 1994/1096, art. 2(1)

75 Meaning of “waste” and household, commercial and industrial waste and [F18 hazardous waste]. E+W

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

[F19 (1A) “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by [F20 Directive (EU) 2018/851] [F21 , and read in accordance with section 75A].]

[F22 (2) “Waste” means anything that is waste within the meaning of Article 3(1) of [F23 the Waste Framework Directive] .]

F24 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) “Controlled waste” means household, industrial and commercial waste or any such waste.

(5) Subject to subsection (8) below, “household waste” means waste from—

(a) domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;

(b) a caravan (as defined in section 29(1) of the M4 Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);

(c) a residential home;

(d) premises forming part of a university or school or other educational establishment;

(e) premises forming part of a hospital or nursing home.

(6) Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—

(a) any factory (within the meaning of the M5 Factories Act 1961);

(b) any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;

(c) any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; F25 . . .

(d) any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services[F26 ; or

(e) any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947]

(7) Subject to subsection (8) below, “commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—

(a) household waste;

(b) industrial waste; [F27 and]

(c) F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.

(8) Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; F29 . . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.

[F30 (8A) In the application of this Part to England, “hazardous waste” means—

(a) any waste identified as hazardous waste in—

(i) the waste list as it applies in relation to England, or

(ii) regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and

(b) any other waste that is treated as hazardous waste for the purposes of—

(i) regulations made by the Secretary of State under section 62ZA, or

(ii) the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894).

(8B) In the application of this Part to Wales, “hazardous waste” means—

(a) any waste identified as hazardous waste in—

(i) the waste list as it applies in relation to Wales, or

(ii) regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and

(b) any other waste that is treated as hazardous waste for the purposes of—

(i) regulations made by the Welsh Ministers under section 62ZA, or

(ii) the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138)).

(8C) In subsections (8A) and (8B) “the waste list” means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC).]

F31 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F18 Words in s. 75 heading substituted (E.W.) (16.7.2005) by The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1(1), 74(a) (with reg. 75)

F19 S. 75(1A) inserted (20.3.2019) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(a), 2(6)(a)

F20 Words in s. 75(1A) substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 3

F21 Words in s. 75(1A) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

F22 S. 75(2) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 3(8)(a) (with regs. 2, 47(2))

F23 Words in s. 75(2) substituted (E.W.) (20.3.2019) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(a), 2(6)(b)(i)

F24 S. 75(3) repealed (1.4.2003 for S. for certain purposes, 1.1.2005 otherwise for S. and 15.5.2006 for E.W.) by 1995 c. 25, ss. 120(1)(3), 125(3), Sch. 22 para. 88(3), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2; S.S.I. 2004/541, art. 2; S.I. 2006/934, art. 2

F25 Word in s. 75(6)(c) omitted (E.W.) (15.5.2006) by virtue of The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(a)

F26 S. 75(6)(e) and preceding word added (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(b)

F27 Word in s. 75(7)(b) added (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(c)

F28 S. 75(7)(c) repealed (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(d)

F29 Words in s. 75(8) omitted (E.W.) (15.5.2006) by virtue of The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(6)(e)

F30 S. 75(8A)-(8C) substituted for s. 75(8A)(8B) (24.1.2022 for E., 7.3.2022 for W.) by virtue of Environment Act 2021 (c. 30), s. 60(3) (with s. 144); S.I. 2022/48, reg. 2(j); S.I. 2022/223, regs. 1(2), 2(b)

F31 S. 75(9) omitted (E.W.) (16.7.2005) by virtue of The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1(1), 74(c) (with reg. 75)

F32 S. 75(10)-(12) omitted (E.W.) (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 3(8)(b) (with regs. 2, 47(2))

Commencement Information

I4 S. 75 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Marginal Citations

M4 1960 c. 62.

M5 1961 c. 34.

75 Meaning of “waste” and household, commercial and industrial waste and special waste. S

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

[F19 (1A) “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by [F20 Directive (EU) 2018/851] [F21 , and read in accordance with section 75A].]

[F44 (2) “Waste” means—

(a) anything that is waste within the meaning of Article 3(1) of the [F45 Waste Framework Directive], as read with Articles 5 and 6, and which is not excluded from the scope of that Directive by Article 2(1), (2) or (3);

[F46 (b) radioactive waste, as defined in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018, the disposal of which falls within one of the activities specified in column 1 of Part 1 of schedule 9 of those Regulations and can be carried on in accordance with the rules specified for that activity;]

(c) where land is undergoing on-site remediation of contamination, that land including unexcavated contaminated soil and any contaminated buildings permanently connected with that land.]

[F47 (2A) “Broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, whether or not such arrangements involve the broker taking physical possession of the waste; and “dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, whether or not this involves the dealer taking physical possession of the waste.]

(3) F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) “Controlled waste” means household, industrial and commercial waste or any such waste.

(5) Subject to subsection (8) below, “household waste” means waste from—

(a) domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;

(b) a caravan (as defined in section 29(1) of the M7 Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);

(c) a residential home;

(d) premises forming part of a university or school or other educational establishment;

(e) premises forming part of a hospital or [F48 which are used to provide a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8))].

(6) Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—

(a) any factory (within the meaning of the M8 Factories Act 1961);

(b) any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;

(c) any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; F49 . . .

(d) any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services [F50 ; or

(e) any mine or quarry.]

(7) Subject to subsection (8) below, “commercial waste” means waste from premises [F51 (including premises used for agriculture within the meaning of the Agriculture (Scotland) Act 1948)] used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—

(a) household waste;

(b) industrial waste; [F52 and]

(c) F53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.

[F54 (7A) “Dry recyclable waste” means controlled waste that is—

(a) glass;

(b) metals;

(c) plastics;

(d) paper; or

(e) card (including cardboard),

and dry recyclable waste of the same type (such as glass) is referred to as a “dry waste stream”.

(7B) “Food waste” means controlled waste that was at any time food intended for human consumption (even if of no nutritional value), and includes biodegradable waste produced as consequence of the processing or preparation of food, but does not include drink.]

(8) Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; F55 . . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.

(9) “Special waste” means controlled waste as respects which regulations are in force under section 62 above.

F56 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E4 This version of this provision has been created for Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F19 S. 75(1A) inserted (20.3.2019) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(a), 2(6)(a)

F20 Words in s. 75(1A) substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 3

F21 Words in s. 75(1A) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

F24 S. 75(3) repealed (1.4.2003 for S. for certain purposes, 1.1.2005 otherwise for S. and 15.5.2006 for E.W.) by 1995 c. 25, ss. 120(1)(3), 125(3), Sch. 22 para. 88(3), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2003/206, art. 2; S.S.I. 2004/541, art. 2; S.I. 2006/934, art. 2

F44 S. 75(2) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(12)(a)

F45 Words in s. 75(2)(a) substituted (S.) (20.3.2019) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(a), 2(6)(b)(ii)

F46 S. 75(2)(b) substituted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 2(2) (with reg. 78, sch. 5 para. 2)

F47 S. 75(2A) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(12)(b)

F48 Words in s. 75(5)(e) substituted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 17; S.S.I. 2002/162, art. 2(f)(h) (with arts. 3-13)

F49 Word in s. 75(6) omitted (S.) (21.1.2005) by virtue of The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(a)

F50 S. 75(6)(e) and preceding word added (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(b)

F51 Words in s. 75(7) inserted (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(c)

F52 Word in s. 75(7)(b) added (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(d)

F53 S. 75(7)(c) repealed (S.) (21.1.2005) by The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(e)

F54 S. 75(7A)(7B) inserted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 2(7)

F55 Words in s. 75(8) omitted (S.) (21.1.2005) by virtue of The Waste (Scotland) Regulations 2005 (S.S.I. 2005/22), regs. 1, 3(4)(f)

F56 S. 75(10) repealed (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(12)(c)

F57 S. 75(12) omitted (S.) (20.3.2019) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(a), 2(6)(c)

Commencement Information

I7 S. 75 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Marginal Citations

M7 1960 c. 62.

M8 1961 c. 34.

[F33 75A Modification of the Waste Framework Directive E+W+S

(1) For the purposes of this Part, the Waste Framework Directive is to be read in accordance with this section.

(2) A reference to one or more member States in a provision of the Waste Framework Directive imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, waste regulation authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England, Wales or Scotland.

(3) Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “[F34 assimilated] law”;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

(iii) in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

(iv) for point (d), as it extends to Scotland, there were substituted—

“(d) extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60).”;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c) paragraph 4 were omitted.

(4) Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A. Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority or the waste regulation authority for the purposes of this Article.”;

(c) paragraphs 2 and 3 were omitted.

(5) Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A. Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or [F35 assimilated direct] legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority or the waste regulation authority for the purposes of this Article.”;

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the waste regulation authority”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The waste regulation authority”;

(bb) “by competent authorities” were omitted.

(6) Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

“A1. In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales or Scotland (as the case may be).”;

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c) paragraphs 2, 3, 6 and 7 were omitted.

(7) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

(8) In this section—

• “appropriate authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the Welsh Ministers;

  (c)

  in relation to Scotland, the Scottish Ministers;

• “local authority” means—

  (a)

  in England outside Greater London—

  (i)

  a district council,

  (ii)

  a county council, or

  (iii)

  the Council of the Isles of Scilly;

  (b)

  in Greater London—

  (i)

  the council of a London borough,

  (ii)

  the Common Council of the City of London,

  (iii)

  the Sub-Treasurer of the Inner Temple, or

  (iv)

  the Under-Treasurer of the Middle Temple;

  (c)

  in Wales—

  (i)

  a county council, or

  (ii)

  a county borough council;

  (d)

  in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.]

Textual Amendments

F33 S. 75A inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 5(4) (as amended by S.I. 2020/1540, regs. 1(3), 14(2); 2020 c. 1, Sch. 5 para. 1(1)

F34 Word in s. 75A(3)(a)(i) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 29(4)(a)

F35 Words in s. 75A(5)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 29(4)(b)

[F36 76 Application to the Isles of Scilly. E+W+S

(1) Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly.

(2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.

(3) An order under this section may—

(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.]

Textual Amendments

F36 S. 76 substituted (1.2.1996) by 1995 c. 25, s. 118(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2.

77 Transition from Control of Pollution Act 1974 to this Part. E+W+S

[F37 (1) This section has effect for the purposes of the transition from the provisions of Part I of the M6 Control of Pollution Act 1974 (“the 1974 Act”) to the corresponding provisions of this Part of this Act and in this section—

• [F38 “existing disposal authority” has the same meaning as in section 32 above;]

• “existing disposal licence” means a disposal licence under section 5 of the 1974 Act subsisting on the day appointed under section 164(3) below for the repeal of sections 3 to 10 of the 1974 Act and “relevant appointed day for licences” shall be construed accordingly;

• [F38 “existing disposal plan” means a plan under section 2 of the 1974 Act subsisting on the day appointed under section 164(3) below for the repeal of that section and “relevant appointed day for plans” shall be construed accordingly;]

• [F38 “relevant part of its undertaking”, in relation to an existing disposal authority, has the same meaning as in section 32 above; and]

• [F38 “the vesting date”, in relation to an existing disposal authority and its waste disposal contractors, means the vesting date under Schedule 2 to this Act.]

(2) [F39 Subject to section 4 of the Pollution Prevention and Control Act 1999,] an existing disposal licence shall, on and after the relevant appointed day for licences, be treated as a site licence until it expires or otherwise ceases to have effect; and accordingly it shall be variable and subject to revocation or suspension under this Part of this Act and may not be surrendered or transferred except under this Part of this Act.

(3) F40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F41 Any existing disposal plan of an existing disposal authority shall, on and after the relevant appointed day for plans, be treated as the plan of that authority under section 50 above and that section shall accordingly have effect as if references in it to “the plan” included the existing disposal plan of that authority.]

(5) Subsection (4) above applies to Scotland and, for the purposes of that application, “existing disposal authority” means any authority constituted as a disposal authority for any area before the day appointed for this section to come into force and “that authority” means the waste disposal authority for that area under section 30(2) above.

(6) [F41 Subject to subsection (7) below, as respects any existing disposal authority—

(a) the restriction imposed by section 51(1) of this Act on the means whereby the authority arranges for the disposal of controlled waste shall not apply to the authority—

(i) in the case of an authority which transfers the relevant part of its undertaking in accordance with a scheme under Schedule 2 to this Act, until the date which is the vesting date for that authority; and

(ii) in any other case, until the date on which the authority transfers, or ceases itself to carry on, the relevant part of its undertaking or ceases 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; and

(b) on and after that date, section 14(4) of the 1974 Act shall not authorise the authority to arrange for the disposal of controlled waste except by means of arrangements made (in accordance with Part II of Schedule 2 to this Act) with waste disposal contractors.]

(7) [F41 The Secretary of State may, as respects any existing disposal authority, direct that the restriction imposed by section 51(1) above shall not apply in the case of that authority until such date as he specifies in the direction and where he does so paragraph (a) of subsection (6) above shall not apply and paragraph (b) shall be read as referring to the date so specified.]

(8) [F41 In section 14(4) of the 1974 Act, after the words “this subsection”, there shall be inserted the words “but subject to subsection (6) of section 77 of the Environmental Protection Act 1990 as respects any time after the date applicable to the authority under paragraph (a) or (b) of that subsection”.]

(9) [F41 As respects any existing disposal authority, until the date which is, under subsection (6)(a) above, the date until which the restriction imposed by section 51(1) of this Act is disapplied,—

(a) the powers conferred on a waste disposal authority by section 55(2)(a) and (b) of this Act as respects the recycling of waste and the use of waste to produce heat or electricity shall be treated as powers which the authority may exercise itself; and

(b) the power conferred on a waste disposal authority by section 48(4) of this Act to object to a waste collection authority having waste recycled where the disposal authority has made arrangements with a waste disposal contractor for the contractor to recycle the waste shall be available to the waste disposal authority where it itself has the waste recycled.]]

Textual Amendments

F37 S. 77 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), regs. 73, 74(2), Sch. 21 para. 17, Sch. 23 (with reg. 72, Sch. 4).

F38 In s. 77(1) definitions repealed (E.W.) (18.10.2005 for E. and 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 107, 108, Sch. 5 Pt. 4; S.I. 2005/2896, art. 3(k); S.I. 2006/768, art. 2(d)

F39 Words in s. 77(2) inserted (21.3.2000 for E.W. and 29.9.2000 for S.) by 1999 c. 24, s. 6, Sch. 2 para. 5; S.I. 2000/800, art. 2; S.S.I. 2000/322, art. 2

F40 S. 77(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 13

F41 S. 77(4)(6)-(9) repealed (E.W.) (18.10.2005 for E. and 16.3.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 107, 108, Sch. 5 Pt. 4; S.I. 2005/2896, art. 3(k); S.I. 2006/768, art. 2(d)

Modifications etc. (not altering text)

C4 S. 77(2) extended (27.7.1999) by 1999 c. 24, s. 4(3)(5)(8)

Commencement Information

I5 S. 77 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Marginal Citations

M6 1974 c. 40.

78 This Part and radioactive substances. E+W

Except as provided by regulations made by the Secretary of State under this section, nothing in this Part applies to radioactive waste within the meaning of the [F42 Schedule 23 to the Environmental Permitting Regulations (radioactive substances activities)]; but regulations may—

(a) provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;

(b) make such modifications of [F43 the Environmental Permitting Regulations in relation to such radioactive waste, and any Act or other enactment,] as the Secretary of State considers appropriate.

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F42 Words in s. 78 substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), regs. 1(1)(b), 107, Sch. 26 para. 5(9)(a) (with Sch. 4)

F43 Words in s. 78(b) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), regs. 1(1)(b), 107, Sch. 26 para. 5(9)(b) (with Sch. 4)

Modifications etc. (not altering text)

C5 S. 78 applied (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 22(7) (with s. 22(10))

C6 S. 78 applied (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 20(7) (with s. 20(10))

Commencement Information

I6 S. 78 wholly in force at 13.12.1991 see s. 164(3) and S.I. 1991/2829, art. 2.

78 This Part and radioactive substances. S

Except as provided by regulations made by the Secretary of State under this section, nothing in this Part applies to radioactive waste within the meaning of the M9 [F58 Radioactive Substances Act 1993]; but regulations may—

(a) provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;

(b) make such modifications of the [F58 Radioactive Substances Act 1993] and any other Act as the Secretary of State considers appropriate.

Extent Information

E5 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F58 Words in s. 78 substituted (27.8.1993) by 1993 c. 12, s. 49(1), Sch. 4 para.7 (with ss. 42, 46)

Modifications etc. (not altering text)

C5 S. 78 applied (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 22(7) (with s. 22(10))

C6 S. 78 applied (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 20(7) (with s. 20(10))

Commencement Information

I6 S. 78 wholly in force at 13.12.1991 see s. 164(3) and S.I. 1991/2829, art. 2.

Marginal Citations

M9 1993 c. 12