I1C1C2C3 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
33ZAF1Fixed penalty notices for contravention of section 33(1)(a): England
1
Where an authorised officer of an English waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence.
2
In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a) of that section.
3
A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty.
4
Where a person is given a notice under this section in respect of an offence—
a
no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice; and
b
the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
5
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state—
a
the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence;
b
the amount of the fixed penalty; and
c
the person to whom and the address at which the fixed penalty may be paid.
6
If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address.
7
It is an offence to—
a
fail to give a name or address when required to do so under subsection (6), or
b
give a false or inaccurate name or address in response to a requirement under that subsection.
8
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
9
The fixed penalty payable in pursuance of a notice under this section—
a
is an amount not less than £150 and not more than £400, as specified by the English waste collection authority whose authorised officer gave the notice, or
b
if no amount is specified by that authority, is £200.
10
An English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of the period of 10 days following the date of the notice.
11
In any proceedings a certificate which—
a
purports to be signed by or on behalf of the chief finance officer of an English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and
b
states that the payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
12
In this section—
“authorised officer”, in relation to an English waste collection authority, means—
- a
an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;
- b
a person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;
- c
an employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;
- a
“chief finance officer”, in relation to an English waste collection authority, means the person having responsibility for the financial affairs of the authority;
“English waste collection authority” means a waste collection authority whose area is in England.
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)