I1C1C2C4 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

Prohibition on unauthorised or harmful depositing, treatment or disposal of waste

C333BF6Section 33 offences: clean-up costs

F11

This section applies where a person is convicted of an offence—

a

under section 33 above, in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste F2or extractive waste;

b

under F3regulation 38(1) of the Environmental Permitting Regulations, in respect of a contravention of regulation 12 of those Regulations consisting of the disposal of waste.

2

The reference in F10section 133(a) of the Sentencing Code (compensation orders) to loss or damage resulting from the offence includes costs incurred or to be incurred by a relevant person in—

a

removing the waste deposited or disposed of in or on the land;

b

taking other steps to eliminate or reduce the consequences of the deposit or disposal; or

c

both.

3

In subsection (2) above “relevant person” means—

a

the Environment Agency;

F7aa

the Natural Resources Body for Wales;

b

a waste collection authority;

c

the occupier of the land;

d

the owner of the land (within the meaning of section 78A(9) below).

4

The reference in subsection (2) above to costs incurred does not, in the case of the Environment Agency F8, the Natural Resources Body for Wales or a waste collection authority, include any costs which the Agency F9, Body or authority has already recovered under section 59(8) below.

5

F4Subject to subsection (6) below, in relation to the costs referred to in subsection (2) above, F11a reference in section 139(2) or (3) of the Sentencing Code (limit on amount payable) to £5000 is instead to be construed as a reference to the amount of those costs (or, if the costs have not yet been incurred, the likely amount).

F56

Subsection (5) above does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.