- Latest available (Revised)
- Point in Time (01/01/2022)
- Original (As made)
Point in time view as at 01/01/2022.
The Environmental Permitting (England and Wales) Regulations 2016, Paragraph 5 is up to date with all changes known to be in force on or before 23 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
5.—(1) The deposit and subsequent storage of relevant samples of waste at any place where the samples are being or are to be tested or analysed.
(2) For the purposes of sub-paragraph (1), “relevant samples of waste” means samples of waste that are taken—
(a)in the exercise of any power under—
(i)the Control of Pollution Act 1974 M1;
(ii)section 5 of the Control of Pollution (Amendment) Act 1989 M2;
(iii)the 1990 Act;
(iv)the 1991 Act;
(v)the Water Industry Act 1991 M3;
(vi)the Waste Electrical and Electronic Equipment Regulations 2013 M4;
(vii)the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M5;
(viii)regulation 88 of the Waste Batteries and Accumulators Regulations 2009 M6,
(b)by or on behalf of the holder of an environmental permit,
(c)by or on behalf of a person carrying on in relation to the waste—
(i)an operation described in this Part, or
(ii)an excluded waste operation,
(d)by or on behalf of the owner or occupier of the land from which the samples are taken,
(e)by or on behalf of any person to whom section 34(1) or (1A) of the 1990 Act M7 applies in connection with that person's duties under that section,
(f)by or on behalf of any person to whom the Transfrontier Shipment of Waste Regulations 2007 M8 apply in connection with that person's powers under those Regulations, or
(g)for the purposes of research.
(3) For the purposes of this paragraph, the specific conditions are that—
(a)the total quantity of waste deposited or stored at any one time does not exceed 10 tonnes, and
(b)the waste is not stored for longer than 12 months or such other period as may be ordered in court proceedings.
Marginal Citations
M21989 c. 14; section 5 was substituted, together with section 5A, by section 37 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).
M4S.I. 2013/3113, amended by S.I. 2014/1771, 2015/1968 and 2016/738.
M5S.I. 2007/871, amended by S.I. 2007/3538, 2008/1941, 2010/675, 1159, 1820 (W. 177), 2849, 2011/988, 1043, 2012/3082, 2013/755 (W. 90), 1821, 1857, 2014/2890, 2016/241, 696, and 738.
M6S.I. 2009/890, to which there are amendments not relevant to these Regulations.
M7Section 34(1) was amended by S.I. 2000/1973, 2007/3528, 2010/675 and 2011/988. Section 34(1A) was inserted by S.I. 2009/1799 and amended by S.I. 2010/675.
M8S.I. 2007/1711, amended by S.I. 2007/3538, 2008/9, 2010/265, 675, 1159, 2011/988, 1043 and 2014/861.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: