I3C13C14C16 Part 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
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)
Pt. 2 modified (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 5
Prohibition on unauthorised or harmful depositing, treatment or disposal of waste
I2C6E2C1533 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.
C171
Subject to F9subsections (1A), (1B), (2) and (3) below and, in relation to Scotland, to section 54 below, a person shall not—
F12b
submit controlled waste, or knowingly cause or knowingly permit controlled waste to be submitted, to any listed operation (other than an operation within subsection (1)(a)) that—
i
is carried out in or on any land, or by means of any mobile plant, and
ii
is not carried out under and in accordance with an environmental permit.
F141A
Paragraphs (a) and (b) of subsection (1) above do not apply in relation to a waste operation that is an exempt waste operation.
F291B
Subsection (1) does not apply in relation to any part of a waste operation that—
a
is the subject of a marine licence under the Marine and Coastal Access Act 2009; or
b
does not require such a licence by virtue of any provision made by or under section 74, 75 or 77 of that Act and does not involve the dismantling of a ship that is waste.
F152
Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.
2A
Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.
3
Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.
4
The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from F16the prohibitions in subsection (1)—
a
any deposits which are small enough or of such a temporary nature that they may be so excluded;
b
any means of treatment or disposal which are innocuous enough to be so excluded;
c
cases for which adequate controls are provided by another enactment than this section.
C115
Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.
C126
A person who contravenes subsection (1) above F17. . . commits an offence.
7
It shall be a defence for a person charged with an offence under this section to prove—
a
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or
b
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19c
that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—
i
he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and
ii
particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.
F208
A person who commits an offence under this section is liable—
a
b
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.
F22F239
A person (other than an establishment or undertaking) who commits a relevant offence shall be liable F27on summary conviction, or on conviction on indictment, to a fine.
10
In this section, “relevant offence” means an offence under this section in respect of a contravention of subsection (1)(c) above consisting of the treatment, keeping or disposal within the curtillage of a domestic property of household waste from that property.
11
For the purposes of subsection (1)(a) above, the deposit of waste in or on land includes any listed operation involving such a deposit.
12
For the purposes of subsection (1)(c) above, treating, keeping or disposing of controlled waste includes submitting it to any listed operation.
13
For the purposes of this section, a “listed operation” is an operation listed in Annex I or II of F30the Waste Framework Directive.
I1C1E133 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste.
C171
C2C3a
deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence;
F22
Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling.
2A
Subsection (2) above does not extend to the treatment, keeping or disposal of household waste by an establishment or undertaking.
F32B
Paragraphs (a) and (b) of subsection (1) above do not apply to the deposit or keeping of a waste portable battery or accumulator at a collection point set up to comply with Article 8(1)(a) of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators (in this section, “the Batteries Directive”).
2C
In subsection (2B) above, “portable battery or accumulator” has the meaning given by Article 3(3) of the Batteries Directive, but does not include any battery or accumulator excluded from the scope of that Directive by Article 2(2).
3
Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.
4
The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the controls imposed by waste management licences—
a
any deposits which are small enough or of such a temporary nature that they may be so excluded;
b
any means of treatment or disposal which are innocuous enough to be so excluded;
c
cases for which adequate controls are provided by another enactment than this section.
C45
Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.
C56
A person who contravenes subsection (1) above or any condition of a waste management licence commits an offence.
7
It shall be a defence for a person charged with an offence under this section to prove—
a
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or
b
that he acted under instructions from his employer and neither knew nor had reason to suppose that the acts done by him constituted a contravention of subsection (1) above; or
F4c
that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—
i
he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and
ii
particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.
8
Except in a case falling within subsection (9) F5or (10) below, a person who commits an offence under this section shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding F6£40,000 or both; and
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
9
A person who commits an offence under this section in relation to special waste F7(other than household waste of the description specified in subsection (10) below) shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding F6£40,000 or both;
b
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.
F810
A person who commits an offence under subsection (1)(c) above in relation to household waste from a domestic property within the curtilage of the dwelling shall be liable–
a
on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
F2511
In subsection (4)(c) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
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)