Section 34: Duty of care etc. as respects waste., Environmental Protection Act 1990

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, as 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—

to prevent any contravention by any other person of section 33 above;

to prevent any contravention by any other person of regulation 12 of the Environmental Permitting Regulations 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

on the transfer of the waste, to secure—

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 or regulation 12 of the 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.

It shall be the duty of any person who is responsible for the management of extractive waste to take all such measures applicable to him in that capacity as are reasonable in the circumstances —

to prevent any contravention by any other person of section 33 above;

to prevent any contravention by another person of regulation 12 of the Environmental Permitting Regulations or of a condition of an environmental permit; and

to prevent the escape of the waste from his control or that of any other person.

The duty imposed by subsection (1) above does not apply to an occupier of domestic property as respects the household waste produced on the property.

It shall be the duty of the occupier of any domestic property in England or Wales 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 following are authorised persons for the purposes of subsections (1)(c) and (2A) above—

any authority which is a waste collection authority for the purposes of this Part;

any person who is the holder of a waste management licence under section 35 below or of a disposal licence under section 5 of the Control of Pollution Act 1974;

any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section or by virtue of regulations under section 2 of the Pollution Prevention and Control Act 1999;

any person registered as a carrier of controlled waste under section 2 of the Control of Pollution (Amendment) Act 1989;

any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and

a waste disposal authority in Scotland.

The Secretary of State may by regulations amend subsection (3) above so as to add, whether generally or in such circumstances as may be prescribed in the regulations, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of subsections (1)(c) and (2A) above.

The following are authorised transport purposes for the purposes of subsections (1)(c) and (2A) above—

the transport of controlled waste within the same premises between different places in those premises;

the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and

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.

For the purposes of subsection (1)(c)(ii) above—

a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and

a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.

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.

Any person who fails to comply with the duty imposed by subsection (1) , (1A) or (2A) above or with any requirement imposed under subsection (5) above shall be liable—

on summary conviction, to a fine not exceeding the statutory maximum; and

on conviction on indictment, to a fine.

The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by subsection (1) above.

The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.

A code of practice prepared in pursuance of subsection (7) above shall be laid

before both Houses of Parliament ; or

if it relates only to Scotland before the Scottish Parliament.

A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

Different codes of practice may be prepared and issued under subsection (7) above for different areas.

Section 34: Duty of care etc. as respects waste.

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