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.

    48/248 (page 38)
    ParRT II Grant of licences. 1990 c. 8. 1992 cy 52. (4) Conditions may require the holder of a licence to carry out works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him by the licence. (5) Conditions may relate, where waste other than controlled waste is to be treated, kept or disposed of, to the treatment, keeping or disposal of that other waste. (6) The Secretary of State may, by regulations, make provision as to the conditions which are, or are not, to be included in a licence; and regulations under this subsection may make different provision for different circumstances. (7) The Secretary of State may, as respects any licence for which an application is made to a waste regulation authority, give to the authority directions as to the terms and conditions which are, or are not, to be included in the licence; and it shall be the duty of the authority to give effect to the directions. (8) It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State with respect to the discharge of their functions in relation to licences. (9) A licence may not be surrendered by the holder except in accordance with section 39 below. (10) A licence is not transferable by the holder but the waste regulation authority may transfer it to another person under section 40 below. (11) A licence shall continue in force until it is revoked entirely by the waste regulation authority under section 38 below or it is surrendered or its surrender is accepted under section 39 below. (12) In this Part “licence” means a waste management licence and “‘site licence” and “mobile plant licence’ mean, respectively, a licence authorising the treatment, keeping or disposal of waste in or on land anda licence authorising the treatment or disposal of waste by means of mobile plant. 36.—(1) An application for a licence shall be made— (a) in the case of an application for a site licence, to the waste regulation authority in whose area the land is situated; and (b) in the case of an application for a mobile plant licence, to the waste regulation authority in whose area the operator of the plant has his principal place of business; and shall be made in the form prescribed by the Secretary of State in regulations and accompanied by the prescribed fee payable under section 41 below. (2) A licence shall not be issued for a use of land for which planning permission is required in pursuance of the Town and Country Planning Act 1990 or the Town and Country Planning (Scotland) Act 1972 unless— (a) such planning permission is in force in relation to that use of the ~ land, or |