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.

    46/248 (page 36)
    Part II Duty of care etc. as respects waste Duty of care etc. 34.—(1) Subject to subsection (2) below, it shall be the duty of any as respects waste. person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances— (a) to prevent any contravention by any other person of section 33 above; (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 (ii) that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section and to comply with the duty under this subsection as respects the escape of waste. (2) 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. (3) The following are authorised persons for the purpose of subsection (1)(c) above— (a) any authority which is a waste collection authority for the purposes of this Part; (b) any person who is the holder of a waste management licence under section 35 below or of a disposal licence under section 5 1974 c. 40. of the Control of Pollution Act 1974; (c) any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section; (d) any person registered as a carrier of controlled waste under 1989 c. 14. section 2 of the Control of Pollution (Amendment) Act 1989; (e) any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and (f) a waste disposal authority in Scotland. (4) The following are authorised transport purposes for the purposes of subsection (1)(c) above— (a) the transport of controlled waste within the same premises between different places in those premises; (b) 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 (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.