Environmental Protection Act 1990 : chapter 43.

  • Great Britain.
Date:
[1990], ©1990
Catalogue details

Licence: Open Government Licence

Credit: Environmental Protection Act 1990 : chapter 43. Source: Wellcome Collection.

    45/248 (page 35)
    in regulations made by the Secretary of State and the regulations may make different exceptions for different areas. (4) The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the controls imposed by waste management licences— (a) any deposits which are small enough or of such a temporary nature that they may be so excluded; (b) any means of treatment or disposal which are innocuous enough to be so excluded; (c) cases for which adequate controls are provided by another enactment than this section. (5) Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done. (6) A person who contravenes subsection (1) above or any condition of a waste management licence commits an offence. (7) It shall be a defence for a person charged with an offence under this section to prove— (a) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or (b) that he acted under instructions from his employer and neither knew nor had reason to suppose that the acts done by him constituted a contravention of subsection (1) above; or (c) that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to the public and that, as soon as reasonably practicable after they were done, particulars of them were furnished to the waste regulation authority in whose area the treatment or disposal of the waste took place. (8) Except in a case falling within subsection (9) below, a person who commits an offence under this section shall be liable— (a) On summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both; and (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both. (9) A person who commits an offence under this section in relation to special waste shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both; (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.