environmental protection act 1990 employers responsibilities
Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. It shall be the duty of any person who produces or manages controlled waste, or who as a broker or dealer has control of such waste, to take all reasonable steps to—. 36, Sch. 34(1)(aa) substituted (S.) (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations2012 (S.S.I. 2 Pt. CoSHH aims to provide knowledge on how to correctly handle … A conviction of an offence under section 33 Environmental Protection Act could lead to serious consequences. See how this legislation has or could change over time. does not apply to an occupier of domestic property as respects the household waste produced on the property. Section 33 is one of the most prosecuted offences under the of the Environmental Protection Act 1990, it covers all manner of depositing of waste from small scale ‘fly tipping’ to industrial scale waste disposal. 1 para. 2005/2900), reg. In addition to advising on breaches of section 33 before the Courts, Quentin finds that prevention is often better than cure, and would be happy to advise you or your organisation on ways to reduce any risk of potential breaches of section 33. 4), F7S. Changes that have been made appear in the content and are referenced with annotations. 34(1)(aa) inserted (E.W.) Title: Environmental Protection Act. (21.11.2005) by, Word in s. 34(9) substituted (1.7.1999) by, S. 34(9)(b) and the word “or” immediately preceding it inserted (1.7.1999) by, S. 34 wholly in force at 1.4.1992; s.34 not in force at Royal Assent see s. 164(3); s. 34(5)(7)-(9)(11) in force at 13.12.1991; s. 34(1)-(4)(6)(10) in force at 1.4.1992 by. 10 Pt. Subject to subsection (2) below, it shall be the duty of any person who imports, produces. (21.11.2005) by, Words in s. 34(2A) inserted (26.1.2006) by, Words in s. 34(3) substituted (E.W.)
Act
LEGAL AND ETHICAL RESPONSIBILITIES FOR ENVIRONMENTAL PROTECTION .
The Whole Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. it is collected separately from other types of waste so as to facilitate a specific treatment, or any condition of a permit granted under regulation 7 of those Regulations, shall, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes; and. The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to the duty imposed by subsection (1) above as respects the making and retention of documents and the furnishing of documents or copies of documents. 2005/2900), reg. 1(1), 2(4)(c), F38Words in s. 34(4B) substituted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. Part 1 of the Act defines general guidelines which were created by the Secretary of State for Environment, Food and Rural Affairs from 2008 can set limitations on any process which creates emissions. (a)may be departed from where this is justified having regard to the overall impacts of the generation and management of such waste; and. (29.3.2011) by, Words in s. 34(3A) substituted (E.W.) 72, Sch. (5)The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to the duty imposed by subsection (1) above as respects the making and retention of documents and the furnishing of documents or copies of documents. The possible sentence for a breach of s33(1)(a) depends on whether your matter is dealt with by the Magistrates’ Court or the Crown Court. The following are authorised transport purposes for the purposes of subsection (1)(c) above—, (1)(c), a reference to a written description of the waste includes a description that is—. 2012/148), regs. (2G)The duty in subsection (2F) does not apply to food waste—, (b)produced in the period beginning on 1st January 2014 and ending on 31st December 2015—, (i)on premises in use as a hospital (as defined in section 108 of the National Health Service (Scotland) Act 1978); or. to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes. The Whole 65 (with ss. (ii)that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section [F29or any condition of a permit granted under regulation 7 of those Regulations]and to comply with the duty under this subsection as respects the escape of waste. This must be done to the standard of beyond reasonable doubt or so that the jury are sure. He stated that. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (1)Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, [F1as a dealer or broker] , has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—. However certain defining points can be drawn from the authorities. (c)the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain; and “transport” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989. 1(1), 2(3)(d), F39Words in s. 34(5) substituted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2011/988), regs. 2012/148), regs. 4), F6Words in s. 34(1)(c)(ii) substituted (E.W.) 2(2), F10Words in s. 34(2A) inserted (26.1.2006) by The Waste (Household Waste Duty of Care) (Wales) Regulations 2006 (S.I. (ii)by a business that produces less than 50 kilograms of food waste a week; (c)produced, on or after 1st January 2016, by a business that produces less than 5 kilograms of food waste a week; (d)that includes catering waste that originates from means of transport operating internationally. 2, 47(2)), F2S. Environmental responsibilities. or of a condition of an environmental permit; to prevent the escape of the waste from his control or that of any other person; and, that the transfer is only to an authorised person or to a person for authorised transport purposes; and, that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section. capable of being used for subsequent reference. to prevent the escape of the waste from his control or that of any other person. In Waste Incineration Services Ltd v Dudley Borough Council, the Divisional Court stated that whether a situation was an ‘emergency’, is something to be decided objectively, and not from the point of view of the offender. 73, Sch. 11 para. 2012/148), regs. 2012/360), reg. To begin with, material does not cease to be waste merely because it has come into the hands of someone who may intend to put it to a new use. Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or. 1(2), sch. (ii)that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section [F5or regulation 12 of [F6the Environmental Permitting Regulations], or a contravention of a condition of an environmental permit,] and to comply with the duty under this subsection as respects the escape of waste. In essence, it is no defence to a charge under section 33 to say that you were not aware that the licence did not permit the deposit of certain waste. (2C)The Scottish Ministers may give guidance on the discharge of the duty in subsection (2A), including the circumstances in which that duty may be departed from under subsection (2B)(a). These objective factors were elaborated upon in guidance given by Carnwath LJ (as he then was) in OSS Group Ltd v Environment Agency, where the purposive interpretation of ‘discard’ was followed. “business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a council constituted under section 2 of the Local Government. (a)to prevent any contravention by any other person of section 33 above; [F2[F3(aa)to prevent any contravention by any other person of regulation 12 of [F4the Environmental Permitting Regulations] or of a condition of an environmental permit;]], (b)to prevent the escape of the waste from his control or that of any other person; and, (c)on the transfer of the waste, to secure—, (i)that the transfer is only to an authorised person or to a person for authorised transport purposes; and. 1999/1820, art. Rather, having become waste it remains waste unless something happens to alter that. please try again. It is also a defence to show that the deposits were made in an emergency to avoid danger to human health in a case where. The following are authorised persons for the. This moves the legal and evidential burden on to the defendant to demonstrate, on the balance of probabilities that the defence is made out. 2(2)(e), F35S. For example, up to 1,000 tonnes of soil and stone waste may be deposited for use in construction, and 5 tonnes of lion faeces and 30 tonnes of waste rubber may be deposited for use in manufacturing finished goods.
Ooops! 34 restricted (E.) (13.4.2001) by S.I. (a)shall, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes; and, (b)shall not otherwise be subject to the duty imposed by subsection (1) above.]. (21.11.2005) by, Words in s. 34(3)(c) inserted (E.W.)
(6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. ensure that the waste meets any quality standard for the management of material included in the waste; ensure that the waste is managed in a manner that promotes high quality recycling; and. (6.4.2010) by, S. 34(1A) inserted (E.W.) Show Timeline of Changes: endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream �l $X6�X� V#��b�Xy �� \- V�� �`d� 2���h�?�� �3 If you are unsure as to which category a certain type of waste falls you should seek legal advice. (11)Different codes of practice may be prepared and issued under subsection (7) above for different areas. 34(4AB) inserted (S.) (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I.
All businesses must recycle waste and some may need a permit or licence for activities.
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