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amend
Part II of the Environmental Protection Act 1990 in relation to
the
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duties, powers and functions of
waste regulation authorities concerning the
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unauthorised deposit of controlled
waste on land; and for connected
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Be
it enacted by the Queen’s most Excellent Majesty, by
and with the advice and
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consent of the Lords Spiritual
and Temporal, and Commons, in this present
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Parliament assembled, and by
the authority of the same, as follows:—
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1
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Amendment
of the Environmental Protection Act 1990
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(1)
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The Environmental
Protection Act 1990 (c. 43) is amended as follows.
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(2)
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In section 33 (prohibition on
unauthorised or harmful deposit, treatment or
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(a)
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after subsection (1B) insert—
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5
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“(1C)
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Sub-paragraph (b)(i) of subsection
(1) shall not apply to
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controlled
waste that the person did not knowingly cause or
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knowingly
permit to be deposited.”, and
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(b)
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after subsection (13) insert—
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“(14)
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It shall be the duty of every
waste regulation authority or waste
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10
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collection
authority, where a complaint of a contravention of
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subsection
(1)(a) is made to it, to take such steps as are
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reasonably
practicable to investigate the complaint.”
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(3)
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In section 59 (powers to require
removal of waste unlawfully deposited)—
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(a)
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omit subsection (7)(c) and the
word “or” immediately preceding it, and
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15
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(b)
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after subsection (7) insert—
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“(7A)
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The waste regulation authority
or the waste collection authority
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shall
remove the waste from the land if either—
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(a)
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the requirement in a notice
served under subsection (1)
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has
been quashed under subsection (3)(a), or
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20
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