Part IIU.K. Waste on Land

Modifications etc. (not altering text)

C1Pt. 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

Commencement Information

I1Pt. 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)

Waste Management LicencesE+W+S

42 Supervision of licensed activities.S

[F1(1)While a licence is in force it shall be the duty of the waste regulation authority which granted the licence to take the steps needed—

(a)for the purpose of ensuring that the activities authorised by the licence do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities; and

(b)for the purpose of ensuring that the conditions of the licence are complied with.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purpose of performing the duty imposed on it by subsection (1) above, any officer of the authority authorised in writing for the purpose by the authority may, if it appears to him that by reason of an emergency it is necessary to do so, carry out work on the land or in relation to plant or equipment on the land to which the licence relates or, as the case may be, in relation to the mobile plant to which the licence relates.

(4)Where a waste regulation authority incurs any expenditure by virtue of subsection (3) above, the authority may recover the amount of the expenditure from [F3the holder, or (as the case may be) the former holder, of the licence], except where the holder or former holder of the licence shows that there was no emergency requiring any work or except such of the expenditure as he shows was unnecessary.

(5)Where it appears to a waste regulation authority that a condition of a licence granted by it is not being complied with [F4or is likely not to be complied with,] then, without prejudice to any proceedings under section 33(6) above, the authority may—

F5[(a)serve on the holder of the licence a notice—

(i)stating that the authority is of the opinion that a condition of the licence is not being complied with or, as the case may be, is likely not to be complied with;

(ii)specifying the matters which constitute the non-compliance or, as the case may be, which make the anticipated non-compliance likely;

(iii)specifying the steps which must be taken to remedy the non-compliance or, as the case may be, to prevent the anticipated non-compliance from occurring; and

(iv)specifying the period within which those steps must be taken; and]

(b)if in the opinion of the authority the licence holder [F6has not taken the steps specified in the notice within the period so specified,] exercise any of the powers specified in subsection (6) below.

(6)The powers which become exercisable in the event mentioned in subsection (5)(b) above are the following—

(a)to revoke the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the authority specifies in revoking the licence;

(b)to revoke the licence entirely; and

(c)to suspend the licence so far as it authorises the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the authority in suspending the licence.

[F7(6ZA)In the case of a site licence, a revocation under subsection (6)(a) or a suspension under subsection (6)(c) may relate to the whole of the land to which the licence relates or to any part of it.]

F8[(6A)If a waste regulation authority is of the opinion that revocation or suspension of the licence, whether entirely or to any extent, under subsection (6) above would afford an ineffectual remedy against a person who has failed to comply with any requirement imposed under subsection (5)(a) above, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the requirement.]

(7)Where a licence is revoked or suspended under subsection (6) above, [F9[F10(3A), (5), (12) and (12A)] or, as the case may be, subsections (8) to (12) of section 38] above shall apply with the necessary modifications as they respectively apply to revocations or suspensions of licences under that section; F11. . .

(8)The Secretary of State may, if he thinks fit in relation to a licence granted by a waste regulation authority, give to the authority directions as to whether and in what manner the authority should exercise its powers under this section; and it shall be the duty of the authority to give effect to the directions.]

Textual Amendments

F2S. 42(2) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 76(2), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F3Words in s. 42(4) substituted (21.9.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(3) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3

F4Words in s. 42(5) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F5S. 42(5)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F6Words in s. 42(5)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F8S. 42(6A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(7) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F9Words in s. 42(7) substituted (19.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 76(8)(a) (with ss. 7(6), 115, 117)

F10Words in s. 42(7) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(11)(b)

F11Words in s. 42(7) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 76(8)(b), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

Modifications etc. (not altering text)

C4S. 42 modified (27.7.1999) by 1999 c. 24, s. 4(6)(c)(8)

Commencement Information

I2S. 42 not in force at Royal Assent, see s. 164(3); s. 42(8) in force for certain purposes at 18.2.1993 by S.I. 1993/274, art. 2(2); s. 42 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)