Part II Waste on Land
Special waste Hazardous waste and non-controlled waste
63Waste other than controlled waste.
(1)
F1The Secretary of State may, after consultation with such bodies as he considers appropriate, make regulations providing that prescribed provisions of this Part shall have effect in a prescribed area—
(a)
as if references in those provisions to controlled waste or controlled waste of a kind specified in the regulations included references to such waste as is mentioned in section 75(7)(c) below which is of a kind so specified; and
(b)
with such modifications as may be prescribed;
and the regulations may make such modifications of other enactments as the Secretary of State considers appropriate.
F2F3(2)
A person who deposits, or knowingly causes or knowingly permits the deposit of, any waste—
(a)
which is not controlled waste, but
(b)
which, if it were controlled waste, would be special waste,
in a case where he would be guilty of an offence under section 33 above if the waste were special waste and any waste management licence were not in force, shall, subject to subsection (3) below, be guilty of that offence and punishable as if the waste were special waste.
(3)
F4No offence is committed by virtue of subsection (2) above if the act charged was done under and in accordance with any consent, licence, approval or authority granted under any enactment (excluding any planning permission under the enactments relating to town and country planning).
(4)
F1Section 45(2) and section 47(1) above shall apply to waste other than controlled waste as they apply to controlled waste.
F5(5)
In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.