Environmental Protection Act 1990

63 Waste other than controlled waste. E+W+S

(1) [F1 The 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.]

F2 [F3 (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) [F4 No 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) [F1 Section 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.]

Textual Amendments

F1 S. 63(1)(4) repealed (E.W.) (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), reg. 2(5)

F2 S. 63(2)(3) omitted (E.W.) (16.7.2005) by virtue of The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1, 73 (with reg. 75)

F3 S. 63(2) substituted (1.4.2015 for S.) by Environment Act 1995 (c. 25), s. 125(3), Sch. 22 para. 81 (with ss. 7(6), 115, 117); S.S.I. 2015/73, art. 2(1)

F4 S. 63(2)(3) omitted (E.W.) (16.7.2005) by virtue of The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1, 73 (with reg. 75)

F5 S. 63(5) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 40(4); S.S.I. 2014/160, art. 2(1)(2), sch.

Modifications etc. (not altering text)

C1 S. 63(1) applied (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 20(7) (with s. 20(10))

C2 S. 63(1) applied (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 22(7) (with s. 22(10))

Commencement Information

I1 S. 63 partly in force; s. 63 not in force at Royal Assent see s. 164(3); s. 63(1) in force at 18.2.1993 by S.I. 1993/274, art. 2(1)