Environment Act 1995

19 (1) Section 5 of the M1 Control of Pollution Act 1974 (licences to dispose of waste) shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In subsection (3) (duty of recipient of application for licence where planning permission is in force)—

(a) for the words “Where a disposal authority receives an application” there shall be substituted the words “ Where an application has been received ”; and

(b) for the words “the authority”, where first occurring, there shall be substituted the words “ the appropriate Agency ” and, where secondly occurring, there shall be substituted the words “ that Agency ”.

(3) In subsection (4) (duty of disposal authority to refer to National Rivers Authority etc proposals to issue licences)—

(a) for the words “a disposal authority” there shall be substituted the words “ the appropriate Agency ”;

(b) for the words “the authority” there shall be substituted the words “ that Agency ”;

(c) for paragraph (a), there shall be substituted—

“(a) to refer the proposal to any collection authority whose area includes any part of the relevant land; and”;

(d) in paragraph (b), for the words “the disposal authority”, in both places where they occur, there shall be substituted the words “ that Agency ”; and

(e) the words following paragraph (b) (reference of proposal to Secretary of State in certain cases) shall cease to have effect.

(4) Subsection (5) (separate provision for Scotland) shall cease to have effect.

Marginal Citations

M1 1974 c. 40.