http://www.legislation.gov.uk/id/ukpga/1990/43

http://www.legislation.gov.uk/ukpga/1990/43/section/75/1994-05-01

Environmental Protection Act 1990

An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste on land with modifications as respects the functions of the regulatory and other authorities concerned in the collection and disposal of waste and to make further provision in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for the termination of the existing controls over offensive trades or businesses and to provide for the extension of the Clean Air Acts to prescribed gases; to amend the law relating to litter and make further provision imposing or conferring powers to impose duties to keep public places clear of litter and clean; to make provision conferring powers in relation to trolleys abandoned on land in the open air; to amend the Radioactive Substances Act 1960; to make provision for the control of genetically modified organisms; to make provision for the abolition of the Nature Conservancy Council and for the creation of councils to replace it and discharge the functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; to confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea; to make further provision as respects the prevention of oil pollution from ships; to make provision for and in connection with the identification and control of dogs; to confer powers to control the burning of crop residues; to make provision in relation to financial or other assistance for purposes connected with the environment; to make provision as respects superannuation of employees of the Groundwork Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council; and for purposes connected with those purposes.

1990-11-01

text

text/xml

Statute Law Database

2024-07-25

1994-05-01

Environmental Protection Act 1990

s. 33ZB(10A)

Environment Act 2021

s. 69(3)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 34ZB(8A)

Environment Act 2021

s. 69(5)(b)

s. 144

s. 147(3)

(4)

Environmental Protection Act 1990

s. 161(2AA)

(2AB)

Environment (Wales) Act 2016

Deddf yr Amgylchedd (Cymru) 2016

s. 69(4)

s. 88(3)(b)

Environmental Protection Act 1990

s. 106A

Genetic Technology (Precision Breeding) Act 2023

s. 41(2)

s. 46

s. 48(4)

I2 C1Part II Waste on Land

Annotations:

Commencement Information

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)

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

Supplemental

I175 Meaning of “waste” and household, commercial and industrial waste and special waste.

1

The following provisions apply for the interpretation of this Part.

2

“Waste” includes—

a

any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and

b

any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled;

but does not include a substance which is an explosive within the meaning of the M3Explosives Act 1875.

3

Any thing which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste unless the contrary is proved.

4

“Controlled waste” means household, industrial and commercial waste or any such waste.

5

Subject to subsection (8) below, “household waste” means waste from—

a

domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;

b

a caravan (as defined in section 29(1) of the M1Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);

c

a residential home;

d

premises forming part of a university or school or other educational establishment;

e

premises forming part of a hospital or nursing home.

6

Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—

a

any factory (within the meaning of the M2Factories Act 1961);

b

any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;

c

any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; or

d

any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services.

7

Subject to subsection (8) below, “commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—

a

household waste;

b

industrial waste;

c

waste from any mine or quarry and waste from premises used for agriculture within the meaning of the M4Agriculture Act 1947 or, in Scotland, the M5Agriculture (Scotland) Act 1948; and

d

waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.

8

Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; but no regulations shall be made in respect of such waste as is mentioned in subsection (7)(c) above and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.

9

“Special waste” means controlled waste as respects which regulations are in force under section 62 above.

I2C1Part II Waste on Land

Supplemental

I175 Meaning of “waste” and household, commercial and industrial waste and special waste.

1

2

a

b

3

4

5

a

b

c

d

e

6

a

b

c

d

7

a

b

c

d

8

9

I2 C1Part II Waste on Land