B3.8.1 UK Wide

 

You do not need detailed knowledge of legislation for the exam.

Please note that due to the IEMA ending the course, this section is no longer being up-dated.

 

[Acts include Northern Ireland. Regulations apply to England, Scotland and Wales]

Control of Pollution (Amendment) Act 1989 c.14 

Requires carriers of controlled waste to register with the Environment Agency or SEPA and outlines the penalties (including seizure and disposal) for vehicles shown to have been used for illegal waste disposal.

Environmental Protection Act 1990

Defines within England, Scotland and Wales the legal framework for duty of care for waste, contaminated land and statutory nuisance.

 

Waste Management Regulations 1996 SI 634

Exempts certain activities relating to scrap metal and waste motor vehicles from waste management licensing. Also increases the registration fee and the annual fee for exemption.

Waste Management (Miscellaneous Provisions) Regulations 1997 SI 351

These Regulations make miscellaneous amendments to waste management legislation.

Section 74 of the Environmental Protection Act 1990 makes provision for the determination by a waste regulation authority of the question whether a person is or is not a fit and proper person to hold a waste management licence. One consideration is whether such a person has been convicted of a “relevant offence”; relevant offences are listed in regulation 3 of the Waste Management Licensing Regulations 1994. Regulation 2 prescribes as additional relevant offences the criminal offences in respect of landfill tax created by paragraph 15(1) and (3) to (5) of Schedule 5 to the Finance Act 1996.

Regulation 3 substitutes a new Schedule for that in the Environmental Protection (Waste Recycling Payments) Regulations 1992, which make provision for determining the net saving of expenditure payable by waste disposal authorities to waste collection authorities and other persons who collect and retain waste for recycling. The Schedule provides figures for determining the net saving where this cannot otherwise be determined because sufficient accurate information is not available or could only be obtained at excessive cost. The new Schedule increases the figures, firstly, to take account of rises in the retail price index and, secondly by £7 per tonne to reflect the additional cost associated with the landfill tax.

Regulation 4 revokes earlier amendments which are spent.

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