A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview
a. a court;
b. a government department;
c. a local authority;
d. a body corporate or an individual appointed by or under any enactment to discharge any public functions; or
e. a body incorporated by a Royal Charter.
7. Waste from a tent pitched on land other than a camp site.1
8. Waste from a market or fair.
9. Waste collected under section 22(3) of the Control of Pollution Act 19742 or section 25(2) of the Local Government and Planning ( Scotland) Act 1982.3

Explanatory Note
(This note is not part of the Regulations)

Part II of the Environmental Protection Act 1990 ("the 1990 Act") defines three sorts of controlled waste: household, industrial and commercial waste. The 1990 Act enables regulations to be made whereby waste of any description, including litter and refuse, is to be treated for the purposes of the provisions of Part II as being of one or other of those categories.

Regulation 2(1) provides for certain descriptions of waste to be treated as household waste for the purposes of Part II. Regulation 2(2) provides for two types of waste to be treated as household waste only for the purposes of section 34(2) of the 1990 Act, which relieves the occupier of domestic property of the duty of care under section 34(1) in relation to his household waste.

Regulation 3 prescribes certain types of waste which are not to be treated as household waste.

Regulation 4 prescribes a number of cases where a charge may be made for the collection of household waste.

Regulation 5(1) prescribed certain types of waste which are to be treated as industrial waste. Regulation 5(2) provides for two types of waste to be treated as industrial waste except for the purposes of section 34(2) of the 1990 Act.

Regulation 6 prescribes certain types of waste which are to be treated as commercial waste.

Regulation 7 prescribes certain types of waste which are not to be treated as industrial or commercial waste.

Regulation 8 provides for certain types of litter and refuse to be treated as controlled waste, for the purposes of Part II

Regulation 9 exempts from the duty under section 33(1) of the Act (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of controlled waste) cases where a disposal licence is not required under Part I of the Control of Pollution Act 1974, and certain land used by existing disposal authorities.

Regulation 10 amends the definition of "building and demolition waste" in the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991.

____________________
1
"Camp site" defined by reg.1(2), p.662 above.
2
1974 c.40.
3
1982 c.43. Words "or section 25(2) . . . 1982" inserted by S.I. 1994/1056, reg24(9). This amendment came into force on 1 May 1994: reg.1(1).

-670-

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