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Environmental Protection Act 1990 (Amendment) Bill

Environmental Protection Act 1990 (Amendment) Bill






amend Part II of the Environmental Protection Act 1990 in relation to the

duties, powers and functions of waste regulation authorities concerning the

unauthorised deposit of controlled waste on land; and for connected


Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—


Amendment of the Environmental Protection Act 1990


The Environmental Protection Act 1990 (c. 43) is amended as follows.


In section 33 (prohibition on unauthorised or harmful deposit, treatment or

disposal etc. of waste)—


after subsection (1B) insert—



Sub-paragraph (b)(i) of subsection (1) shall not apply to

controlled waste that the person did not knowingly cause or

knowingly permit to be deposited.”, and


after subsection (13) insert—


It shall be the duty of every waste regulation authority or waste


collection authority, where a complaint of a contravention of

subsection (1)(a) is made to it, to take such steps as are

reasonably practicable to investigate the complaint.”


In section 59 (powers to require removal of waste unlawfully deposited)—


omit subsection (7)(c) and the word “or” immediately preceding it, and



after subsection (7) insert—


The waste regulation authority or the waste collection authority

shall remove the waste from the land if either—


the requirement in a notice served under subsection (1)

has been quashed under subsection (3)(a), or



Bill 86                                                                                                 



Environmental Protection Act 1990 (Amendment) Bill




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.”


Short title and extent


This Act may be cited as the Environmental Protection Act 1990 (Amendment)


Act 2008.


This Act does not extend to Northern Ireland.



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