The Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026
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Change 1
24 Amendment of the Environmental Protection Act 1990
(1) The Environmental Protection Act 1990 is amended as follows. (2) In section 29 (waste on land: interpretation), in subsection (13), in the appropriate places insert— “exempt waste controlling or transporting activity”; ; “waste controlling or transporting activity”; ; “waste controlling-transporting activity”; ; “waste transporting activity”; . (3) In section 34 (duty of care etc. as respects waste)— (a) in subsection (1) for the words from “imports” to “such waste,” substitute “falls within subsection (1ZA)”; (b) after subsection (1) insert— (1ZA) A person falls within this subsection if the person— (a) imports, produces, carries, keeps, treats or disposes of controlled waste; (b) as a dealer or broker, has control of controlled waste; or (c) as an operator undertaking a waste controlling or transporting activity, including an exempt waste controlling or transporting activity, has control of controlled waste. ; (c) in subsection (3)— (i) at the end of paragraph (e) omit “and”; (ii) after paragraph (f) insert— (g) any person who is the holder of an environmental permit for waste controlling-transporting activity or for waste transporting activity; and (h) any person who is registered under the Environmental Permitting Regulations in relation to exempt waste controlling or transporting activity. . (4) In section 34B (power to search and seize vehicles etc.)— (a) in subsection (2)(a), after “waste operation” insert “or a waste controlling or transporting activity”; (b) in subsection (3)(a), after “waste operation” insert “or a waste controlling or transporting activity”.
24 Amendment of the Environmental Protection Act 1990
(1) The Environmental Protection Act 1990 is amended as follows. (2) In section 29 (waste on land: interpretation), in subsection (13), in the appropriate places insert— “exempt waste controlling or transporting activity”; ; “waste controlling or transporting activity”; ; “waste controlling-transporting activity”; ; “waste transporting activity”; . (3) In section 34 (duty of care etc. as respects waste)— (a) in subsection (1) for the words from “imports” to “such waste,” substitute “falls within subsection (1ZA)”; (b) after subsection (1) insert— (1ZA) A person falls within this subsection if the person— (a) imports, produces, carries, keeps, treats or disposes of controlled waste; (b) as a dealer or broker, has control of controlled waste; or (c) as an operator undertaking a waste controlling or transporting activity, including an exempt waste controlling or transporting activity, has control of controlled waste. ; (c) in subsection (3)— (i) at the end of paragraph (e) omit “and”; (ii) after paragraph (f) insert— (g) any person who is the holder of an environmental permit for waste controlling-transporting activity or for waste transporting activity; and (h) any person who is registered under the Environmental Permitting Regulations in relation to exempt waste controlling or transporting activity. . (4) In section 34B (power to search and seize vehicles etc.)— (a) in subsection (2)(a), after “waste operation” insert “or a waste controlling or transporting activity”; (b) in subsection (3)(a), after “waste operation” insert “or a waste controlling or transporting activity”.
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