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.

    53/248 (page 43)
    exceeding six months or a fine not exceeding the statutory maximum or both; and (b) on conviction on indictment, to imprisonment for a term not (12) Any revocation or suspension of a licence or requirement imposed during the suspension of a licence under this section shall be effected by at which the revocation or suspension or the requirement is to take effect and, in the case of suspension, the period at the end of which, or the event on the occurrence of which, the suspension 1s to cease. 39.—(1) A licence may be surrendered by its holder to the authority accepts the surrender. (2) The following provisions apply to the surrender and acceptance of the surrender of a site licence. (3) The holder of a site licence who desires to surrender it shall make an application for that purpose to the authority in such form, giving such information and accompanied by such evidence as the Secretary of State prescribes by regulations and accompanied by the prescribed fee payable (4) An authority which receives an application for the surrender of a site licence— (a) shall inspect the land to which the licence relates, and (b) may require the holder of the licence to furnish to it further information or further evidence. (5) The authority shall determine whether it is likely or unlikely that the condition of the land, so far as that condition is the result of the use of the land for the treatment, keeping or disposal of waste (whether or not in pursuance of the licence), will cause pollution of the environment or harm to human health. to cause the pollution or harm mentioned in subsection (5) above, the authority shall, subject to subsection (7) below, accept the surrender of the licence; but otherwise the authority shall refuse to accept it. (7) Where the authority proposes to accept the surrender of a site licence, the authority must, before it does so,— (a) refer the proposal to the National Rivers Authority; and (b) consider any representations about the proposal which the Authority makes to it during the allowed period; and if the Authority requests that the surrender of the licence be not accepted either of them may refer the matter to the Secretary of State and the surrender shall not be accepted except in accordance with his decision. (8) Subsection (7) above shall not apply to Scotland, but in Scotland where the authority (not being an islands council) proposes to accept the surrender of a licence, the authority must, before it does so,— (a) refer the proposal to— Surrender of