Section 5: Licences to dispose of waste.

Control of Pollution Act 1974 · 1974 c.40

Part I: Waste on land

5(1)

An application for a disposal licence in respect of any land in the area of a disposal authority must be made in writing to the authority . . .

5(2)

A disposal licence shall not be issued for a use of land, plant or equipment for which planning permission is required in pursuance of the Town and Country Planning Act 1990 or, in Scotland, the Town and Country Planning (Scotland) Act 1997 unless such permission is in force; . . .

5(3)

Where an application has been received for a disposal licence for a use of land, plant or equipment for which such planning permission as aforesaid is in force, it shall be the duty of the appropriate Agency not to reject the application unless that Agency is satisfied that its rejection is necessary for the purpose of preventing pollution of water or danger to public health.

5(4)

Where the appropriate Agency proposes to issue a disposal licence, it shall be the duty of that Agency before it does so—

(a) to refer the proposal to any collection authority whose area includes any part of the relevant land; and

(b) to consider any representations about the proposal which, during the period of twenty-one days beginning with that on which the proposal is received by a body . . . mentioned in paragraph (a) of this subsection or during such longer period as that Agency and that body . . . agree in writing, that Agency receives from that body . . . (including in particular any representations about the conditions which that body . . . considers should be specified in the licence);

. . .

5(5)

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5(6)

A person who, in an application for a disposal licence, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.