Legalize / United Kingdom / Public General Act

Environmental Protection Act 1990

Type Public General Act

Publication 1990-11-01

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

but the arrangements may restrict the availability of specified places to specified descriptions of waste.

(3) A waste disposal authority may include in arrangements made under subsection (1)(b) above arrangements for the places provided for its area for the deposit of household waste free of charge by residents in its area to be available for the deposit of household or other controlled waste by other persons on such terms as to payment (if any) as the authority determines.

(4) For the purpose of discharging its duty under subsection (1)(a) above as respects controlled waste collected as mentioned in that paragraph a waste disposal authority—

(a) shall give directions to the waste collection authorities within its area as to the persons to whom and places at which such waste is to be delivered;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) may contribute towards the cost incurred by persons who produce commercial or industrial waste in providing and maintaining plant or equipment intended to deal with such waste before it is collected; and

(f) may contribute towards the cost incurred by persons who produce commercial or industrial waste in providing or maintaining pipes or associated works connecting with pipes provided by a waste collection authority within the area of the waste disposal authority.

(4A) A waste disposal authority in England which is not also a waste collection authority may in directions under subsection (4)(a) above include requirements about separation that relate to waste as delivered, but may do so only if it considers it necessary for assisting it to comply with any obligation imposed on it by or under any enactment.

(4B) Before exercising its power to include requirements about separation in directions under subsection (4)(a) above, a waste disposal authority shall consult the waste collection authorities within its area.

(4C) In exercising its power to include requirements about separation in directions under subsection (4)(a) above, a waste disposal authority shall have regard to any guidance given by the Secretary of State as to the exercise of that power.

(4D) A waste disposal authority which includes requirements about separation in directions given under subsection (4)(a) above shall notify the waste collection authorities to which the directions are given of its reasons for including the requirements.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Subsection (1) above is subject to section 77.

(8) This section shall not apply to Scotland.

Payments for recycling and disposal etc. of waste.

52

(1) Where, under section 48(2) above, a waste collection authority retains for recycling waste collected by it under section 45 above, the waste disposal authority for the area which includes the area of the waste collection authority shall make to that authority payments, in respect of the waste so retained

(a) in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and

(b) in the case of a waste disposal authority in Wales,

of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines.

(1A) The Secretary of State may by order disapply subsection (1) above in relation to any waste disposal authority constituted under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal in London and metropolitan counties) ....

(1B) A waste disposal authority is not required to make payments to a waste collection authority under subsection (1) above where, on the basis of arrangements involving the two authorities, the waste collection authority has agreed that such payments need not be made.

(2) Where, by reason of the discharge by a waste disposal authority of its functions, waste arising in its area does not fall to be collected by a waste collection authority under section 45 above, the waste collection authority shall make to the waste disposal authority payments, in respect of the waste not falling to be so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines.

(3) Where a person other than a waste collection authority, for the purpose of recycling it, collects waste arising in the area of a waste disposal authority which would fall to be collected under section 45 above, the waste disposal authority may make to that person payments, in respect of the waste so collected

(a) in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and

(b) in the case of a waste disposal authority in Wales,

of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines.

(4) Where a person other than a waste collection authority, for the purpose of recycling it, collects waste which would fall to be collected under section 45 above, the waste collection authority may make to that person payments, in respect of the waste so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines.

(4A) The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.

(5) The Secretary of State may, by regulations, impose on waste disposal authorities in Wales a duty to make payments corresponding to the payments which are authorised by subsection (3)(b) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.

(6) For the purposes of subsections (1)(b), (3)(b) and (5) above the net saving of expenditure of a waste disposal authority on the disposal of any waste retained or collected for recycling is the amount of the expenditure which the authority would, but for the retention or collection, have incurred in having it disposed of less any amount payable by the authority to any person in consequence of the retention or collection for recycling (instead of the disposal) of the waste.

(7) For the purposes of subsections (2) and (4) above the net saving of expenditure of a waste collection authority on the collection of any waste not falling to be collected by it is the amount of the expenditure which the authority would, if it had had to collect the waste, have incurred in collecting it .

(8) The Secretary of State shall, by regulations, make provision for the determination of the net saving of expenditure for the purposes of subsections (1)(b), (2)(b), (3)(b), (4)(b) and (5) above.

(8A) The Secretary of State may give guidance—

(a) to a waste disposal authority in England, for the purposes of determining whether to exercise the power in subsection (3) above;

(b) to a waste collection authority in England, for the purposes of determining whether to exercise the power in subsection (4) above.

(9) A waste disposal authority shall be entitled to receive from a waste collection authority such sums as are needed to reimburse the waste disposal authority the reasonable cost of making arrangements under section 51(1) above for the disposal of commercial and industrial waste collected in the area of the waste disposal authority.

(10) A waste disposal authority shall pay to a waste collection authority a reasonable contribution towards expenditure reasonably incurred by the waste collection authority in delivering waste, in pursuance of a direction under section 51(4)(a) above, to a place which is unreasonably far from the waste collection authority’s area.

(11) Any question arising under subsection (9) or (10) above shall, in default of agreement between the two authorities in question, be determined by arbitration.

(12) In this section, references to recycling waste include re-using it (whether or not the waste is subjected to any process).

Payments for delivering waste pre-separated

52A

(1) A waste disposal authority in England which is not also a waste collection authority shall pay to a waste collection authority within its area such amounts as are needed to ensure that the collection authority is not financially worse off as a result of having to comply with any separation requirements.

(2) A waste disposal authority in England which is not also a waste collection authority may pay to a waste collection authority within its area—

(a) which performs its duty under section 48(1) above by delivering waste in a state of separation, but

(b) which is not subject to any separation requirements as respects the delivery of that waste,

contributions of such amounts as the disposal authority may determine towards expenditure of the collection authority that is attributable to its delivering the waste in that state.

(3) The Secretary of State may by regulations make provision about how amounts to be paid under subsection (1) above are to be determined.

(4) Regulations under subsection (3) above may include provision for amounts to be less than they would otherwise be (or to be nil) if conditions specified in the regulations are not satisfied.

(5) Any question arising under subsection (1) above shall, in default of agreement between the paying and receiving authorities, be determined by arbitration.

(6) A waste collection authority in England which is not also a waste disposal authority shall supply the waste disposal authority for its area with such information as the disposal authority may reasonably require—

(a) for the purpose of determining amounts under this section, or

(b) for the purpose of estimating any amounts that would fall to be determined under this section were the collection authority to be subject to particular separation requirements.

(7) In this section “separation requirements”, in relation to a waste collection authority, means requirements about separation included in directions given to it under section 51(4)(a) above.

Duties of authorities as respects disposal of waste collected: Scotland.

53

(1) It shall be the duty of each waste disposal authority to arrange for the disposal of any waste collected by it, in its capacity as a waste collection authority, under section 45 above; and without prejudice to the authority’s powers apart from the following provisions of this subsection, the powers exercisable by the authority for the purpose of performing that duty shall include power—

(a) to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided under the following paragraph; and

(b) to provide, within or outside its area, places at which to dispose of or recycle the waste and plant or equipment for processing, recycling or otherwise disposing of it.

(2) Subsections (7) , (10) and (10A) of section 45 above shall have effect in relation to a waste disposal authority as if the reference in paragraph (a) of the said subsection (7) to the collection of waste included the disposal of waste under this section and the disposal of anything produced from waste belonging to the authority.

(3) A waste disposal authority may permit another person to use facilities provided by the authority under the preceding provisions of this section and may provide for the use of another person any such facilities as the authority has power to provide under those provisions, and—

(a) subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;

(b) no charge shall be made under this section in respect of household waste; and

(c) anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.

(4) References to waste in subsection (1) above do not include matter removed from privies under section 45(5)(a) or (6) above, and it shall be the duty of a waste collection authority . . . by which matter is so removed—

(a) to deliver the matter, in accordance with any directions of Scottish Water, at a place specified in the directions (which must be in or within a reasonable distance from the waste collection authority’s area), to Scottish Water or another person so specified;

(b) to give to Scottish Water from time to time a notice stating the quantity of the matter which the waste collection authority expects to deliver to or as directed by Scottish Water under the preceding paragraph during a period specified in the notice.

(5) Any question arising under paragraph (a) of the preceding subsection as to whether a place is within a reasonable distance from a waste collection authority’s area shall, in default of agreement between the waste collection authority and Scottish Water in question, be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties; and anything delivered to Scottish Water under that subsection shall belong to Scottish Water and may be dealt with accordingly.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This section applies to Scotland only.

Special provisions for land occupied by disposal authorities: Scotland.

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers for recycling waste.

55

(1) This section has effect for conferring on waste disposal authorities and waste collection authorities powers for the purposes of recycling waste.

(2) A waste disposal authority may—

(a) make arrangements . . . to recycle waste as respects which the authority has duties under section 51(1) above or agrees with another person for its disposal or treatment;

(b) make arrangements . . . to use waste for the purpose of producing from it heat or electricity or both;

(d) use, sell or otherwise dispose of waste as respects which the authority has duties under section 51(1) above or anything produced from such waste.

(3) A waste collection authority may—

(a) buy or otherwise acquire waste with a view to recycling it;

(b) use, or dispose of by way of sale or otherwise to another person, waste belonging to the authority or anything produced from such waste.

(4) This section shall not apply to Scotland.

Powers for recycling waste: Scotland.

56

(1) Without prejudice to the powers of waste disposal authorities apart from this section, a waste disposal authority may—

(a) do such things as the authority considers appropriate for the purpose of—

(i) enabling waste belonging to the authority, or belonging to another person who requests the authority to deal with it under this section, to be recycled; or

(ii) enabling waste to be used for the purpose of producing from it heat or electricity or both;

(b) buy or otherwise acquire waste with a view to its being recycled;

(2) This section applies to Scotland only.

Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered.

57

(1) The Secretary of State may, by notice in writing, direct the holder of any environmental permit authorising a waste operation to accept and keep, or accept and treat or dispose of, waste at specified places on specified terms.

(2) The Secretary of State may, by notice in writing, direct any person who is keeping waste on any land to deliver the waste to a specified person on specified terms ....

(2A) The appropriate Minister may, by notice in writing—

(a) direct a registered waste carrier to collect waste which is being kept on specified land and deliver it to a specified person on specified terms;

(b) direct any person who—

(i) is keeping waste on any land, or

(ii) owns or occupies land on which waste is being kept,

to facilitate collection of the waste by a specified registered waste carrier to whom a direction in respect of the waste is given under paragraph (a).

(3) A direction under this section may impose a requirement as respects waste of any specified kind or as respects any specified consignment of waste.

(4) A direction under subsection (2) above may require the person who is directed to deliver the waste to pay to the specified person his reasonable costs in relation to the waste.

(4A) A direction under subsection (2A)(b) may require the person to whom it is given—

(a) to pay to the specified registered waste carrier the reasonable costs of collecting and delivering the waste;

(b) to pay to the specified person to whom the waste is delivered (“P”) the reasonable costs incurred by P in relation to the waste (including any costs P is required by a direction under this section to pay to another person).

(5) A person who fails, without reasonable excuse, to comply with a direction under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) A person shall not be guilty of an offence under any other enactment prescribed by the Secretary of State by regulations made for the purposes of this subsection by reason only of anything necessarily done or omitted in order to comply with a direction under this section.

(7) The Secretary of State may pay any costs mentioned in subsection (4).

(7A) The appropriate Minister may pay any costs mentioned in subsection (4A).

(8) In this section—

“appropriate Minister” means—the Secretary of State, in relation to waste being kept on land in England, andthe Welsh Ministers, in relation to waste being kept on land in Wales;

“registered waste carrier” means a person registered under the Control of Pollution (Amendment) Act 1989 as a carrier of controlled waste;

“specified” means specified in a direction under this section; and

“waste” means anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive , as read with Articles 5 and 6 of that Directive, including anything excluded from the scope of that Directive by Article 2(1)(f) or 2(2)(b) or (c), but not including anything excluded by the remainder of that Article

Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered: Scotland.

58

In relation to Scotland, the Secretary of State may give directions to a waste disposal authority to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms; and it shall be the duty of the authority to give effect to the directions.

Powers to require removal of waste unlawfully deposited.

59

(1) If any controlled waste or extractive waste is deposited in or on any land in the area of a waste regulation authority or waste collection authority in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, the authority may, by notice served on him, require the occupier to do either or both of the following, that is—

(a) to remove the waste from the land within a specified period not less than a period of twenty-one days beginning with the service of the notice;

(b) to take within such a period specified steps with a view to eliminating or reducing the consequences of the deposit of the waste.

(1A) A waste regulation authority or waste collection authority may only impose a requirement under subsection (1) on an occupier of land if the authority is satisfied that the occupier—

(a) deposited the waste, or

(b) knowingly caused or knowingly permitted the deposit of the waste.

(2) A person on whom any requirements are imposed under subsection (1) above may, within the period of twenty-one days mentioned in that subsection, appeal against the requirement to a magistrates’ court or, in Scotland, to the sheriff by way of summary applicationthe Scottish Ministers.

(3) On any appeal under subsection (2) above the court or the Scottish Ministers (as the case may be) shall quash the requirement if it is or they are satisfied that—

(a) the appellant neither deposited nor knowingly caused nor knowingly permitted the deposit of the waste; or

(b) there is a material defect in the notice;

and in any other case shall either modify the requirement or dismiss the appeal.

(4) Where a person appeals against any requirement imposed under subsection (1) above, the requirement shall be of no effect pending the determination of the appeal; and where the court or the Scottish Ministers (as the case may be) modifies the requirement or dismisses the appeal it or they may extend the period specified in the notice.

(5) If a person on whom a requirement imposed under subsection (1) above fails, without reasonable excuse, to comply with the requirement he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and to a further fine of an amount equal to one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues after conviction of the offence and before the authority has begun to exercise its powers under subsection (6) below.

(6) Where a person on whom a requirement has been imposed under subsection (1) above by an authority fails to comply with the requirement the authority may do what that person was required to do and may recover from him any expenses reasonably incurred by the authority in doing it.

(7) If it appears to a waste regulation authority or waste collection authority that waste has been deposited in or on any land in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, and that—

(a) in order to remove or prevent pollution of land, water or air or harm to human health it is necessary that the waste be forthwith removed or other steps taken to eliminate or reduce the consequences of the deposit or both; or

(b) there is no occupier of the land or the occupier cannot be found without the authority incurring unreasonable expense; or

the authority may remove the waste from the land or take other steps to eliminate or reduce the consequences of the deposit or, as the case may require, to remove the waste and take those steps.

(8) Where an authority exercises any of the powers conferred on it by subsection (7) above it shall be entitled to recover the cost incurred by it in removing the waste or taking the steps or both and in disposing of the waste—

(a) in a case falling within subsection (7)(a) above, from the occupier of the land unless he proves that he neither made nor knowingly caused nor knowingly permitted the deposit of the waste;

(b) in any case, from any person who deposited or knowingly caused or knowingly permitted the deposit of any of the waste;

except such of the cost as the occupier or that person shows was incurred unnecessarily.

(8A) An authority may not recover costs under subsection (8) above if a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made in favour of the authority in respect of any part of those costs.

(8B) Subsection (8A) does not apply if the order is set aside on appeal.

(8C) An authority may not recover costs under subsection (8) above if a compensation order has been made under section 249 of the Criminal Procedure (Scotland) Act 1995 in favour of the authority in respect of any part of those costs.

(8D) Subsection (8C) does not apply if the compensation order is set aside on appeal.

(9) Any waste removed by an authority under subsection (7) above shall belong to that authority and may be dealt with accordingly.

(10) The Scottish Ministers may by regulations make further provision about appeals to them under subsection (2), including—

(a) provision about the manner in which appeals are to be brought,

(b) provision about the manner in which appeals are to be considered,

(11) The Scottish Ministers may issue guidance for waste regulation authorities and waste collection authorities on the operation of this section.

(12) Waste regulation authorities and waste collection authorities must have regard to any guidance issued under subsection (11).

(13) This section is subject to section 114 of the Environment Act 1995 (delegating or referring of appeals etc).

Section 59: supplementary power in relation to owner of land

59ZA

(1) Where the grounds in subsection (2), (3) or (4) below are met, a waste regulation authority or waste collection authority may, by notice served on him, require the owner of any land in its area to comply with either or both of the requirements mentioned in subsection (1)(a) and (b) of section 59 above.

(2) The grounds in this subsection are that it appears to the authority that waste has been deposited in or on the land in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, and—

(a) there is no occupier of the land, or

(b) the occupier cannot be found without the authority incurring unreasonable expense.

(3) The grounds in this subsection are that—

(a) the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land,

(b) the occupier of the land is not the same person as the owner of the land, and

(c) the occupier has failed to comply with the requirement mentioned in paragraph (a) above within the period specified in the notice.

(4) The grounds in this subsection are that—

(a) the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land,

(b) the occupier of the land is not the same person as the owner of the land, and

(c) the requirement mentioned in paragraph (a) above has been quashed on the ground specified in subsection (3)(a) of that section.

(5) Subsections (2) to (6) of section 59 above apply in relation to requirements imposed under this section on the owner of the land as they apply in relation to requirements imposed under that section on the occupier of the land but as if in subsection (3) there were inserted after paragraph (a)—

(aa) in order to comply with the requirement the appellant would be required to enter the land unlawfully; or

(6) In this section “owner” has the meaning given to it in section 78A(9) below.

Powers to require removal of waste unlawfully kept or disposed of: England and Wales

59ZB

(1) Subsection (2) applies if any controlled waste or extractive waste is kept or disposed of in or on any land in the area of an authority in contravention of section 33(1) or regulation 12 of the Environmental Permitting Regulations.

(2) The authority may, by notice served on the occupier, require the occupier to do one or both of the following—

(a) remove the waste from the land within a specified period of not less than 21 days beginning with the service of the notice;

(b) take within such a period specified steps with a view to eliminating or reducing the consequences of the keeping or disposal of the waste.

(3) A person on whom a requirement is imposed under subsection (2) may, within 21 days beginning with the service of the notice, appeal against the requirement to a magistrates’ court.

(4) On any appeal under subsection (3), the court must quash the requirement if it is satisfied that—

(a) the appellant did not keep or dispose of, or knowingly cause or knowingly permit the keeping or disposal of, the waste, or

(b) there is a material defect in the notice,

and in any other case may modify the requirement or dismiss the appeal.

(5) Where a person appeals against a requirement imposed under subsection (2), the requirement has no effect pending the determination of the appeal; and where the court modifies the requirement or dismisses the appeal it may extend the period specified in the notice.

(6) If a person on whom a requirement imposed under subsection (2) fails, without reasonable excuse, to comply with the requirement, that person is liable, on summary conviction, to a fine.

(7) Where a person on whom a requirement has been imposed under subsection (2) by an authority fails to comply with the requirement, the authority may do what that person was required to do and may recover from that person any expenses reasonably incurred by the authority in doing it.

(8) If it appears to an authority that controlled waste or extractive waste has been kept or disposed of in or on any land in the authority’s area in contravention of section 33(1) or regulation 12 of the Environmental Permitting Regulations, and that—

(a) in order to remove or prevent pollution of land, water or air or harm to human health, it is necessary that the waste be forthwith removed, or that steps are taken to eliminate or reduce the consequences of the keeping or disposal, or both,

(b) there is no occupier of the land or the occupier cannot be found without the authority incurring unreasonable expense, or

(c) the occupier did not keep or dispose of, or knowingly cause or knowingly permit the keeping or disposal of, the waste,

the authority may remove the waste from the land, or take steps to eliminate or reduce the consequences of the keeping or disposal of the waste, or both.

(9) Where an authority exercises any of the powers conferred on it by subsection (8), it is entitled to recover the cost incurred by it in removing the waste or taking the steps or both, and in disposing of the waste—

(a) in a case falling within subsection (8)(a), from the occupier of the land, unless the occupier proves that the occupier did not keep or dispose of, or knowingly cause or knowingly permit the keeping or disposal of, the waste,

(b) in any case, from any person who kept or disposed of, or knowingly caused or knowingly permitted the keeping or disposal of, the waste,

except such of the cost as the occupier or that person shows was incurred unnecessarily.

(10) An authority may not recover costs under subsection (9) if a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made in favour of the authority in respect of any part of those costs.

(11) Subsection (10) does not apply if the compensation order is set aside on appeal.

(12) Any waste removed by an authority under subsection (8) belongs to that authority and may be dealt with accordingly.

(13) Subsections (2) and (8) do not apply in relation to household waste from a domestic property which is kept or disposed of within the curtilage of that property by a person other than an establishment or undertaking.

(14) In this section and section 59ZC, “authority” means—

(a) a waste regulation authority in England or Wales, or

(b) a waste collection authority in England or Wales.

Section 59ZB: supplementary power in relation to owner of land

59ZC

(1) Where the grounds in subsection (2) or (3) are met, an authority may, by notice served on the owner of any land in its area, require the owner to comply with one or both of the requirements mentioned in section 59ZB(2)(a) or (b).

(2) The grounds in this subsection are that it appears to the authority that controlled waste or extractive waste has been kept or disposed of in or on the land in contravention of section 33(1) or regulation 12 of the Environmental Permitting Regulations, and—

(a) there is no occupier of the land, or

(b) the occupier cannot be found without the authority incurring unreasonable expense.

(3) The grounds in this subsection are that—

(a) the authority has served a notice under section 59ZB(2) imposing a requirement on the occupier of the land,

(b) the occupier of the land is not the same person as the owner of the land, and

(i) the occupier has failed to comply with the requirement mentioned in paragraph (a) within the period specified in the notice, or

(ii) the requirement mentioned in paragraph (a) has been quashed on the ground specified in section 59ZB(4)(a).

(4) Section 59ZB(3) to (7) apply in relation to a requirement imposed under this section on the owner of the land as they apply in relation to a requirement imposed under that section on the occupier of land but as if in section 59ZB(4) there were inserted after paragraph (a)—

(aa) in order to comply with the requirement the appellant would be required to enter the land unlawfully, or

(5) Subsection (1) does not apply in relation to household waste from a domestic property which is kept or disposed of within the curtilage of that property by a person other than an establishment or undertaking.

(6) In this section, “owner” has the meaning given by section 78A(9).

Directions in relation to exercise of powers under section 59 , 59ZA, 59ZB or 59ZC

59A

(1) The Secretary of State may issue directions setting out categories of waste to which a waste regulation authority or waste collection authority in England and Wales should give priority for the purposes of exercising its powers under section 59 , 59ZA, 59ZB or 59ZC above.

(2) Priorities set out in directions under subsection (1) above may be different for different authorities or areas.

(3) But nothing in this section or in any directions issued under it affects any power of an authority under section 59 , 59ZA, 59ZB or 59ZC above.

(4) A waste regulation authority shall publicise any direction given to it under subsection (1) above in such manner as it considers appropriate.

Interference with waste sites and receptacles for waste.

60

(1) No person shall sort over or disturb—

(a) anything deposited at a place for the deposit of waste provided by a waste collection authority, by or under arrangements made with a waste disposal authority or by any other local authority or person ;

(b) anything deposited in a receptacle for waste, whether for public or private use, provided by a waste collection authority, by or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or

(c) the contents of any receptacle for waste which, in accordance with a requirement under section 46 or 47 above, is placed on any highway or, in Scotland, road or in any other place with a view to its being emptied;

unless he has the relevant consent or right to do so specified in subsection (2) below.

(2) The consent or right that is relevant for the purposes of subsection (1)(a), (b) or (c) above is—

(a) in the case of paragraph (a), the consent of the authority . . . or other person who provides the place for the deposit of the waste;

(b) in the case of paragraph (b), the consent of the authority . . . or other person who provides the receptacle for the deposit of the waste;

(c) in the case of paragraph (c), the right to the custody of the receptacle, the consent of the person having the right to the custody of the receptacle or the right conferred by the function by or under this Part of emptying such receptacles.

(3) A person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

Waste reduction schemes

60A

A waste collection authority whose area is in England may make a waste reduction scheme in accordance with Schedule 2AA to this Act.

Special waste Hazardous waste and non-controlled waste

Special provision with respect to certain dangerous or intractable waste.

62

Special provision with respect to hazardous waste in England and Wales

62ZA

(1) The relevant national authority may, by regulations, make provision for, about or connected with the regulation of hazardous waste in England and Wales.

(2) Provision that may be made in the regulations includes provision—

(a) prohibiting or restricting any activity in relation to hazardous waste;

(b) for the giving of directions by waste regulation authorities with respect to matters connected with any activity in relation to hazardous waste;

(c) imposing requirements about how hazardous waste may be kept (including requirements about the quantities of hazardous waste which may be kept at any place);

(d) about hazardous waste that originated outside England or Wales;

(e) about the registration of hazardous waste controllers or places where activities in relation to hazardous waste are carried out;

(f) for the keeping of records by hazardous waste controllers;

(g) for the inspection of those records by waste regulation authorities or specified persons;

(h) for the provision by hazardous waste controllers of copies of, or information derived from, those records to waste regulation authorities or specified persons;

(i) for hazardous waste controllers to inform waste regulation authorities, or specified persons, when carrying out activities in relation to hazardous waste;

(j) about the circumstances in which waste which is not hazardous waste, but which shares characteristics with hazardous waste, is to be treated as hazardous waste;

(k) for, about or connected with criminal offences;

(l) for, about or connected with the imposition of civil sanctions.

(3) The regulations may not provide for an offence to be punishable—

(a) on summary conviction, by imprisonment, or

(b) on conviction on indictment, by a term of imprisonment exceeding two years.

(4) For the purposes of this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(5) The regulations may make provision for, about or connected with the imposition of a sanction of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence, or

(b) the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

(6) The regulations may also include provision—

(a) for the supervision by waste regulation authorities—

(i) of activities in relation to hazardous waste, or

(ii) of hazardous waste controllers;

(b) about the keeping of records (which may include registers of hazardous waste controllers and places where hazardous waste may be kept or processed) by waste regulation authorities;

(c) as to the recovery of expenses or other charges for the treatment, keeping or disposal or the re-delivery of hazardous waste by waste regulation authorities or hazardous waste controllers;

(d) as to appeals to the relevant national authority from decisions of waste regulation authorities.

(7) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

(8) Regulations under this section may confer functions (including functions involving the exercise of a discretion) on the relevant national authority or a waste regulation authority.

(9) The regulations may—

(a) make different provision for different purposes;

(b) make incidental, supplementary, consequential, transitional or saving provision.

(10) For the purposes of this section “mixing” in relation to hazardous waste means—

(a) diluting it (with any substance);

(b) mixing it with other hazardous waste of a different type, or that has different characteristics;

(11) In this section—

“activity”, in relation to hazardous waste, includes—keeping, collecting, receiving, importing, exporting, transporting or producing hazardous waste;sorting, treating, recovering, mixing or otherwise processing hazardous waste;disposing of hazardous waste in any manner (including providing hazardous waste to another person for the purposes of that person carrying out an activity in relation to it);examining, testing or classifying hazardous waste (including doing any of those things to waste in connection with establishing whether it is hazardous);acting as a broker of, or dealer in, hazardous waste;directing or supervising another person in relation to an activity in relation to hazardous waste;

“hazardous waste controller” means a person who carries out any activity in relation to hazardous waste;

“relevant national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

“specified” means specified in the regulations.

Lists of waste displaying hazardous properties

62A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waste other than controlled waste.

63

(1) 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.

(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) 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) Section 45(2) and section 47(1) above shall apply to waste other than controlled waste as they apply to controlled waste.

(5) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Powers of waste collection authority or waste disposal authority in relation to generation of controlled waste

Power to take steps to minimise generation of controlled waste.

63A

(1) A relevant authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything which in its opinion is necessary or expedient for the purpose of minimising the quantities of controlled waste, or controlled waste of any description, generated in its area.

(2) Where a relevant authority in England (“the first authority”) proposes to exercise any of its powers under subsection (1), it shall before doing so consult about the proposal every other relevant authority whose area includes all or part of the area of the first authority.

(3) In this section “relevant authority” means a waste collection authority or a waste disposal authority.

Publicity

Public registers.

64

Exclusion from registers of information affecting national security.

65

Exclusion from registers of certain confidential information.

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

Supervision and enforcement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70

Obtaining of information from persons and authorities.

71

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purpose of the discharge of their respective functions under this Part—

(a) the Secretary of State, and

(b) a waste regulation authority,

may, by notice in writing served on him, require any person to furnish such information specified in the notice as the Secretary of State or the authority, as the case may be, reasonably considers he or it needs, in such form and within such period following service of the notice , or at such time, as is so specified.

(2A) A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.

(3) A person who—

(a) fails, without reasonable excuse, to comply with a requirement imposed under subsection (2) or (2A) above; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum;

(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(4) The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specified in the notice, such information as may be so specified in respect of—

(a) cases where the authority has exercised any powers under section 59 , 59ZA, 59ZB or 59ZC above, and

(b) cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information from authorities on unauthorised or harmful deposit, treatment or disposal etc. of waste: Scotland

71A

(1) The Scottish Ministers may require a relevant authority to provide them with such information as Ministers may specify about—

(a) cases where the authority has exercised any of its functions under section 59, and

(b) cases where the authority has exercised any of its functions in respect of any contravention of section 33(1)(a) or (c).

(2) In requiring information under subsection (1), the Scottish Ministers may specify—

(a) the period to which the information is to relate, and

(b) the date by which the relevant authority is to provide the information.

(3) The information required by Ministers under subsection (1) may include, in particular—

(a) the number of contraventions of section 33(1)(a) or (c) reported to the relevant authority,

(b) the location of contraventions of section 33(1)(a) or (c) reported to the authority,

(d) the number of fixed penalty notices issued by the authority under section 33A in response to the reported contraventions,

(e) the number of fixed penalties paid in response to such notices, and

(f) the number of reports made by the authority of offences under section 33(1)(a) or (c).

(4) The Scottish Ministers may not exercise their power under subsection (1) in relation to a particular relevant authority more than once in any period of 12 months.

(5) In this section, “relevant authority” means—

(a) in relation to functions under section 59, a waste collection authority,

(b) in relation to functions in respect of contraventions of section 33(1)(a) or (c)—

(i) a local authority,

(ii) Loch Lomond and The Trossachs National Park Authority, or

(iii) a person specified by order made by the Scottish Ministers under section 33A(13).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

Supplemental

Appeals and other provisions relating to legal proceedings and civil liability.

73

(1) An appeal against any decision of a magistrates’ court under this Part (other than a decision made in criminal proceedings) shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Crown Court by virtue of any other enactment.

(2) In Scotland an appeal against any decision of the sheriff under this Part (other than a decision made in criminal proceedings) shall lie to the Court of Session at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Court of Session by virtue of any other enactment.

(3) Where a person appeals to the Crown Court or the Court of Session against a decision of a magistrates’ court or the sheriff dismissing an appeal against any requirement imposed under this Part which was suspended pending determination of that appeal, the requirement shall again be suspended pending the determination of the appeal to the Crown Court or Court of Session.

(4) Where an appeal against a decision of any authority lies to a magistrates’ court or to the sheriff by virtue of any provision of this Part, it shall be the duty of the authority to include in any document by which it notifies the decision to the person concerned a statement indicating that such an appeal lies and specifying the time within which it must be brought.

(5) Where on an appeal to any court against or arising out of a decision of any authority under this Part the court varies or reverses the decision it shall be the duty of the authority to act in accordance with the court’s decision.

(6) Where any damage is caused by waste which has been deposited in or on land, any person who deposited it, or knowingly caused or knowingly permitted it to be deposited, in either case so as to commit an offence under section 33(1) or 63(2) above, is liable for the damage except where the damage—

(a) was due wholly to the fault of the person who suffered it; or

(b) was suffered by a person who voluntarily accepted the risk of the damage being caused;

but without prejudice to any liability arising otherwise than under this subsection.

(7) The matters which may be proved by way of defence under section 33(7) above may be proved also by way of defence to an action brought under subsection (6) above.

(8) In subsection (6) above—

“damage” includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition); and

“fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945.

(9) For the purposes of the following enactments—

(a) the Fatal Accidents Act 1976;

(b) the Law Reform (Contributory Negligence) Act 1945; and

and for the purposes of any action of damages in Scotland arising out of the death of, or personal injury to, any person, any damage for which a person is liable under subsection (6) above shall be treated as due to his fault.

(10) In subsection (2) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Use of fixed penalty receipts: England

73ZA

(1) The Environment Agency must pay amounts received by it under section 34ZA or 34A to the Secretary of State.

(2) A waste collection authority may use its fixed penalty receipts under section 33ZA or 34ZA only for the purposes of—

(a) the employment or engagement of its authorised officers, as defined in section 33ZA(12) or 34ZA(12), or any of the functions of those officers,

(b) its functions relating to offences under—

(i) section 33(6), to the extent that it relates to a contravention of section 33(1)(a) (deposit of controlled waste),

(ii) section 33ZA(7) (failure to give name or address in response to request from an authorised officer proposing to issue a fixed penalty notice),

(iii) section 34(6), to the extent that it relates to a contravention of section 34(2A) (duty to secure that transfer of household waste is only to an authorised person), or

(iv) section 34ZA(14) (failure to give name or address in response to request from an authorised officer proposing to issue a fixed penalty notice),

(c) its functions relating to the collection and disposal of controlled waste deposited in contravention of section 33(1)(a),

(d) its functions relating to the restoration of land following the deposit of controlled waste in contravention of section 33(1)(a), and

(e) such other of its functions as may be specified in regulations made by the Secretary of State.

(3) A waste collection authority may use its fixed penalty receipts under section 34A, 46A or 47ZA only for the purposes of—

(a) its functions under this Part (including functions relating to offences under this Part), and

(b) such other of its functions as may be specified in regulations made by the Secretary of State.

(4) Regulations under subsection (3)(b) may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts under section 34A, 46A or 47ZA for the purposes of any of its functions.

(5) A waste collection authority must supply the Secretary of State with such information relating to its use of its fixed penalty receipts as the Secretary of State may require.

(6) The Secretary of State may by regulations make provision—

(a) about what a waste collection authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (2) or (3);

(b) about the period within which a waste collection authority must use those fixed penalty receipts for those purposes;

(c) about what a waste collection authority must do with those fixed penalty receipts that are not used for those purposes within that period;

(d) for accounting arrangements in respect of a waste collection authority’s fixed penalty receipts.

(7) The provision that may be made under subsection (6)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the waste collection authority.

(8) Before making regulations under this section, the Secretary of State must consult—

(a) the waste collection authorities to which the regulations are to apply;

(b) such other persons as the Secretary of State thinks fit.

(9) Regulations under this section may make different provision for different purposes (including different provision in relation to different waste collection authorities or different descriptions of authority).

(10) In this section—

“fixed penalty receipts”, in relation to a waste collection authority, are amounts received by the authority under section 33ZA, 34ZA, 34A, 46A or 47ZA;

“waste collection authority” means a waste collection authority in England.

Use of fixed penalty receipts : Wales

73A

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) The Natural Resources Body for Wales must pay amounts received by it under section 34ZB or 34A above to the Welsh Ministers.

(2) A waste collection authority may use amounts received by it under section ... 33ZB, ... 34ZB, 34A... or 47ZA above (its “fixed penalty receipts”) only for the purposes of—

(a) its functions under this Part (including functions relating to the enforcement of offences under this Part); and

(b) such other of its functions as may be specified in regulations made by the Welsh Ministers.

(3) Regulations under subsection (2)(b) above may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts for the purposes of any of its functions.

(4) A waste collection authority must supply the Welsh Ministers with such information relating to its use of its fixed penalty receipts as the Welsh Ministers may require.

(5) The Welsh Ministers may by regulations—

(a) make provision for what a waste collection authority is to do with its fixed penalty receipts—

(i) pending their being used for the purposes of functions of the authority referred to in subsection (2) above;

(ii) if they are not so used before such time after their receipt as may be specified by the regulations;

(b) make provision for accounting arrangements in respect of a waste collection authority's fixed penalty receipts.

(6) The provision that may be made under subsection (5)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the Welsh Ministers) other than the waste collection authority.

(7) Before making regulations under this section, the Welsh Ministers must consult—

(a) the waste collection authorities to which the regulations are to apply;

(b) such other persons as the Welsh Ministers think fit.

(8) Regulations under this section may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority).

(9) The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section.

(10) In this section, “waste collection authority” means a waste collection authority in Wales.

Meaning of “fit and proper person”.

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “waste” and household, commercial and industrial waste and hazardous waste.

75

(1) The following provisions apply for the interpretation of this Part.

(1A) “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with section 75A.

(2) “Waste” means anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Caravan 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);

(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 Factories 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; . . .

(d) any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services; or

(e) any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947

(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; 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; . . . 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.

(8A) In the application of this Part to England, “hazardous waste” means—

(a) any waste identified as hazardous waste in—

(i) the waste list as it applies in relation to England, or

(ii) regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and

(b) any other waste that is treated as hazardous waste for the purposes of—

(i) regulations made by the Secretary of State under section 62ZA, or

(ii) the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894).

(8B) In the application of this Part to Wales, “hazardous waste” means—

(a) any waste identified as hazardous waste in—

(i) the waste list as it applies in relation to Wales, or

(ii) regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and

(b) any other waste that is treated as hazardous waste for the purposes of—

(i) regulations made by the Welsh Ministers under section 62ZA, or

(ii) the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138)).

(8C) In subsections (8A) and (8B) “the waste list” means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC).

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of the Waste Framework Directive

75A

(1) For the purposes of this Part, the Waste Framework Directive is to be read in accordance with this section.

(2) A reference to one or more member States in a provision of the Waste Framework Directive imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, waste regulation authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England, Wales or Scotland.

(3) Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “assimilated law”;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

(iii) in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

(iv) for point (d), as it extends to Scotland, there were substituted—

(d) extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60).

;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(4) Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object is a by-product must be made— (a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and (b) having regard to any guidance published by the appropriate authority or the waste regulation authority for the purposes of this Article.

;

(5) Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object has ceased to be waste must be made— (a) in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and (b) having regard to any guidance published by the appropriate authority or the waste regulation authority for the purposes of this Article.

;

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the waste regulation authority”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The waste regulation authority”;

(bb) “by competent authorities” were omitted.

(6) Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

(A1) In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales or Scotland (as the case may be).

;

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(7) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

(8) In this section—

“appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;

“local authority” means—in England outside Greater London—a district council,a county council, orthe Council of the Isles of Scilly;in Greater London—the council of a London borough,the Common Council of the City of London,the Sub-Treasurer of the Inner Temple, orthe Under-Treasurer of the Middle Temple;in Wales—a county council, ora county borough council;in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

Application to the Isles of Scilly.

76

(1) Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly.

(2) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.

(3) An order under this section may—

(a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

Transition from Control of Pollution Act 1974 to this Part.

77

This Part and radioactive substances.

78

Except as provided by regulations made by the Secretary of State under this section, nothing in this Part applies to radioactive waste within the meaning of the Schedule 23 to the Environmental Permitting Regulations (radioactive substances activities); but regulations may—

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