Change 1 Article Choose an article Title and introductory text 1 Preliminary. 2 Prescribed processes and prescribed substances. 3 Emission etc. limits and quality objectives. 4 Discharge and scope of functions. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Authorisations: general provisions. 7 Conditions of authorisations. 8 Fees and charges for authorisations. 9 Transfer of authorisations. 10 Variation of authorisations by enforcing authority. 11 Variation of conditions etc: applications by holders of authorisations. 12 Revocation of authorisation. 13 Enforcement notices. 14 Prohibition notices. 15 Appeals as respects authorisations and against variation, enforcement and prohibition notices. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Obtaining of information from persons and authorities. 20 Public registers of information. 21 Exclusion from registers of information affecting national security. 22 Exclusion from registers of certain confidential information. 23 Offences. 24 Enforcement by High Court. 25 Onus of proof as regards techniques and evidence. 26 Power of court to order cause of offence to be remedied. 27 Power of chief inspector to remedy harm. 28 Authorisations and other statutory controls. 29 Preliminary. 30 Authorities for purposes of this Part. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Transition to waste disposal companies etc. 33 Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste. 33ZA Fixed penalty notices for contravention of section 33(1)(a): England 33ZB Fixed penalty notices for contravention of section 33(1)(a): Wales 33A Section 33 offences: investigation and enforcement costs 33B Section 33 offences: clean-up costs 33C Section 33 offences: forfeiture of vehicles 34 Duty of care etc. as respects waste. 34ZA Fixed penalty notices: offences under section 34(6) relating to section 34(2A): England 34ZB Fixed penalty notices: offences under section 34(6) relating to section 34(2A): Wales 34ZC Fixed penalty notices for offences under section 34(6): Scotland 34A Fixed penalty notices for certain offences under section 34 34B Power to search and seize vehicles etc 34C Seizure of vehicles etc: supplementary 34D Prohibition on disposal of food waste to sewer 34CA Electronic waste tracking 34CB Further provision about regulations under section 34CA 35 Waste management licences: general. 35A Compensation where rights granted pursuant to section 35(4) or 38(9A). 36 Grant of licences. 36A Consultation before the grant of certain licences. 37 Variation of licences. 37A Consultation before certain variations. 38 Revocation and suspension of licences. 39 Surrender of licences. 40 Transfer of licences. 40A Consolidated Licences 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Supervision of licensed activities. 43 Appeals to Secretary of State from decisions with respect to licences. 44 Offences of making false or misleading statements or false entries. 44ZA Duty to prepare integrated waste management plan 44ZB Approval of integrated waste management plan 44ZC Implementation of integrated waste management plan 44ZD Modification of integrated waste management plan 44A National waste strategy: England and Wales. 44B National waste strategy: Scotland. 45 Collection of controlled waste. 45A England: separate collection of household waste 45AZA England: separate collection of household waste from relevant non-domestic premises 45AZB England: separate collection of industrial or commercial waste 45AZC Sections 45A to 45AZB: powers to exempt and extend 45AZD Sections 45A to 45AZB: duties of waste collectors 45AZE Sections 45 to 45AZD: guidance 45AZF Sections 45AZA and 45AZB: compliance notices 45AZG Sections 45AZA and 45AZB: appeals against compliance notices 45AA Wales: separate collection etc. of waste 45AB Code of practice 45B Power to apply section 45A to Welsh waste collection authorities 45C Separate collection of dry recyclable waste and food waste: Scotland 46 Receptacles for household waste. 46ZA Enforcement of household waste requirements: Scotland 46ZB Civil penalty charges under section 46ZA: prior notices of intent and final notices 46ZC Civil penalty charges under section 46ZA: procedure and amount 46ZD Fixed penalty notices for offences under section 46 46ZE Guidance 46A Written warnings and penalties for failure to comply with requirements relating to household waste receptacles: England 46B Amount of penalty under section 46A and recovery of penalty 46C Penalties under section 46A: procedure regarding notices of intent and final notices 46D Appeals against penalties under section 46A 47 Receptacles for commercial or industrial waste. 47ZA Fixed penalty notices for offences under sections 46 and 47 47ZB Amount of fixed penalty under section 47ZA 47A Recycling and composting: duty to report to Parliament 48 Duties of waste collection authorities as respects disposal of waste collected. 49 Waste recycling plans by collection authorities. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Functions of waste disposal authorities. 52 Payments for recycling and disposal etc. of waste. 52A Payments for delivering waste pre-separated 53 Duties of authorities as respects disposal of waste collected: Scotland. 54 Special provisions for land occupied by disposal authorities: Scotland. 55 Powers for recycling waste. 56 Powers for recycling waste: Scotland. 57 Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered. 58 Power of Secretary of State to require waste to be accepted, treated, disposed of or delivered: Scotland. 59 Powers to require removal of waste unlawfully deposited. 59ZA Section 59: supplementary power in relation to owner of land 59ZB Powers to require removal of waste unlawfully kept or disposed of: England and Wales 59ZC Section 59ZB: supplementary power in relation to owner of land 59A Directions in relation to exercise of powers under section 59 , 59ZA, 59ZB or 59ZC 60 Interference with waste sites and receptacles for waste. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60A Waste reduction schemes 62 Special provision with respect to certain dangerous or intractable waste. 62ZA Special provision with respect to hazardous waste in England and Wales 62A Lists of waste displaying hazardous properties 63 Waste other than controlled waste. 63A Power to take steps to minimise generation of controlled waste. 64 Public registers. 65 Exclusion from registers of information affecting national security. 66 Exclusion from registers of certain confidential information. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Obtaining of information from persons and authorities. 71A Information from authorities on unauthorised or harmful deposit, treatment or disposal etc. of waste: Scotland 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Appeals and other provisions relating to legal proceedings and civil liability. 73ZA Use of fixed penalty receipts: England 73A Use of fixed penalty receipts : Wales 74 Meaning of “fit and proper person”. 75 Meaning of “waste” and household, commercial and industrial waste and hazardous waste. 75A Modification of the Waste Framework Directive 76 Application to the Isles of Scilly. 77 Transition from Control of Pollution Act 1974 to this Part. 78 This Part and radioactive substances. 78A Preliminary. 78B Identification of contaminated land. 78C Identification and designation of special sites. 78D Referral of special site decisions to the Secretary of State. 78E Duty of enforcing authority to require remediation of contaminated land etc. 78F Determination of the appropriate person to bear responsibility for remediation. 78G Grant of, and compensation for, rights of entry etc. 78H Restrictions and prohibitions on serving remediation notices. 78J Restrictions on liability relating to the pollution of controlled waters. 78K Liability in respect of contaminating substances which escape to other land. 78L Appeals against remediation notices. 78M Offences of not complying with a remediation notice. 78N Powers of the enforcing authority to carry out remediation. 78P Recovery of, and security for, the cost of remediation by the enforcing authority. 78Q Special sites. 78QA Land no longer considered to be contaminated 78R Registers. 78S Exclusion from registers of information affecting national security. 78T Exclusion from registers of certain confidential information. 78TA Registers: removal of information about land designated as special site 78TB Effect of removal of information from register 78U Reports by the appropriate Agency on the state of contaminated land. 78V Site-specific guidance by the appropriate Agency concerning contaminated land. 78W The appropriate Agency to have regard to guidance given by the Secretary of State. 78X Supplementary provisions. 78Y Application to the Isles of Scilly. 78YA Supplementary provisions with respect to guidance by the Secretary of State. 78YB Interaction of this Part with other enactments. 78YC This Part and radioactivity. 79 Statutory nuisances and inspections therefor. 80 Summary proceedings for statutory nuisances. 80ZA Fixed penalty notice: supplemental 80A Abatement notice in respect of noise in street. 81 Supplementary provisions. 81A Expenses recoverable from owner to be a charge on premises. 81B Payment of expenses by instalments. 82 Summary proceedings by persons aggrieved by statutory nuisances. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Termination of Public Health Act controls over offensive trades etc. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Preliminary. 87 Offence of leaving litter. 88 Fixed penalty notices for leaving litter. 88A Littering from vehicles: civil penalty regime 88B Guidance on littering enforcement in England and Wales 88C Littering from a vehicle: Scottish civil penalty regime 88D Littering from a vehicle: consequences of civil penalty charge notice under section 88C 89 Duty to keep land and highways clear of litter etc. 90 Litter control areas. 91 Summary proceedings by persons aggrieved by litter. 92 Summary proceedings by litter authorities 93 Street litter control notices. 94 Street litter: supplementary provisions 94B Free distribution of printed matter 95 Public registers. 96 Application of Part II. 97 Transitional provision relating to section 89. 97A Fixed penalty notices: supplementary 97B Exclusion of liability 98 Definitions. 99 Powers in relation to abandoned shopping and luggage trolleys. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Purpose of Part VI and meaning of “genetically modified organisms” and related expressions. 106A Exclusion of precision bred organisms from English application of Part 107 Meaning of “damage to the environment”, “control” and related expressions in Part VI. 108 Risk assessment and notification requirements. 109 General duties relating to importation, acquisition, keeping, release or marketing of organisms. 110 Prohibition notices. 111 Consents required by certain persons. 112 Consents: limitations and conditions. 113 Fees and charges. 114 Appointment etc of inspectors. 115 Rights of entry and inspection. 116 Obtaining of information from persons. 117 Power to deal with cause of imminent danger of damage to the environment. 118 Offences. 119 Onus of proof as regards techniques and evidence. 120 Power of court to order cause of offence to be remedied. 121 Power of Secretary of State to remedy harm. 122 Public register of information. 123 Exclusion from register of certain information. 124 Advisory committee for purposes of Part VI. 125 Delegation of enforcement functions. 126 Mode of exercise of certain functions. 127 Definitions. 128 Creation and constitution of new Councils. 129 Grants to the Council 130 Countryside functions of Welsh Council. 131 Nature conservation functions: preliminary. 132 General functions of the Council. 133 Special functions of Councils. 134 Grants and loans by the Council. 135 Schemes for the transfer of property etc. of the Nature Conservancy Council. 136 Transfer to Welsh Council of certain property etc. of Countryside Commission. 137 Offers of employment to employees of Nature Conservancy Council and certain employees of Countryside Commission. 138 Winding up and dissolution of Nature Conservancy Council. 139 Transitional provisions and savings. 140 Power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles. 141 Power to regulate the importation or exportation of waste or the transit of waste for export. 142 Powers to obtain information about potentially hazardous substances. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Amendments of hazardous substances legislation. 145 Penalties for offences of polluting controlled waters etc. 146 Deposits of substances and articles in the sea, etc. 147 Public registers relating to deposits in the sea and incineration at sea. 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Seizure of stray dogs. 150 Delivery of stray dogs to . . . local authority officer. 151 Enforcement of orders about collars and tags for dogs. 152 Burning of straw and stubble etc. 153 Financial assistance for environmental purposes. 154 The Groundwork Foundation: superannuation. 155 Remuneration of chairman of Inland Waterways Amenity Advisory Council. 156 Power to give effect to assimilated obligations and international obligations etc. 157 Offences by bodies corporate. 158 Offences under Parts I, II, IV, VI, etc. due to fault of others. 159 Application to Crown. 160 Service of notices. 160A Regulations and orders 161 Directions 162 Consequential and minor amendments and repeals. 163 Financial provisions. 163A Application of Part VI: England and Wales 164 Short title, commencement and extent. SCHEDULE 1 AUTHORISATIONS FOR PROCESSES: SUPPLEMENTARY PROVISIONS SCHEDULE 2 Waste Disposal Authorities and Companies Schedule 2A SCHEDULE 2AA Waste reduction schemes SCHEDULE 2B Categories of waste SCHEDULE 3 Statutory Nuisances: Supplementary Provisions SCHEDULE 3A Free distribution of printed matter on designated land SCHEDULE 4 Abandoned Shopping and Luggage Trolleys SCHEDULE 5 . . . SCHEDULE 7 SCHEDULE 10 SCHEDULE 11 Transitional Provisions and Savings for Part VII SCHEDULE 13 Amendments of Hazardous Substances Legislation SCHEDULE 14 Amendments of the Prevention of Oil Pollution Act 1971 SCHEDULE 15 Consequential and Minor Amendments of Enactments SCHEDULE 16 Repeals
What to do with it
As published
119 Onus of proof as regards techniques and evidence.
(1) In any proceedings for either of the following offences, that is to say—
(a) an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(4)(c) or (5)(c) above; or
(b) an offence under section 118(1)(d) above consisting in a failure to comply with section 109(3)(c) or (4)(c) above;
it shall be for the accused to prove the matters described in subsection (1A) below.
(1A) The matters referred to in subsection (1) above are—
(a) in the case of an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(5)(c) above—
(i) that no measures, other than the measures taken by him, were necessary to prevent damage being caused to the environment from the release or, as the case may be, marketing of the organisms, or
(ii) in a case where he took no measures, that no measures were necessary; and
(b) in any other case, that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition or to comply with that section.
(2) Where an entry is required by a condition in a consent to be made in any record as to the observance of any other condition and the entry has not been made, that fact shall be admissible as evidence that that other condition has not been observed.
Your wording
Your change, as a redline
119 Onus of proof as regards techniques and evidence.
(1) In any proceedings for either of the following offences, that is to say—
(a) an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(4)(c) or (5)(c) above; or
(b) an offence under section 118(1)(d) above consisting in a failure to comply with section 109(3)(c) or (4)(c) above;
it shall be for the accused to prove the matters described in subsection (1A) below.
(1A) The matters referred to in subsection (1) above are—
(a) in the case of an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(5)(c) above—
(i) that no measures, other than the measures taken by him, were necessary to prevent damage being caused to the environment from the release or, as the case may be, marketing of the organisms, or
(ii) in a case where he took no measures, that no measures were necessary; and
(b) in any other case, that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition or to comply with that section.
(2) Where an entry is required by a condition in a consent to be made in any record as to the observance of any other condition and the entry has not been made, that fact shall be admissible as evidence that that other condition has not been observed.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.