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Can a s.33(a) EPA offence be committed if the waste has not been deposited "in or on any land…" but to a container? Surely the aim of s33(1)(a) was to stop the tipping of waste on to land without a permit, irrespective of whether or not this is into an container or directly onto the floor?
Answer:
No, section 33 offences cannot be committed where the waste is not deposited onto land but is instead deposited into or onto another non-fixed container or vehicle.
Membership fees start from as little as £900 per contract period, per organisation.
Used well, our membership service has no real cost and can save money for our clients – how?
Answer:
No, section 33 offences cannot be committed where the waste is not deposited onto land but is instead deposited into or onto another non-fixed container or vehicle.
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Continues...... Section 29 of the Act provides the following definitions: (6)The “disposal” of waste includes its disposal by way of deposit in or on land... (8)“Land” includes land covered by waters where the land is above the low water mark of ordinary spring tides and references to land on which controlled waste is treated, kept or deposited are references to the surface of the land (including any structure set into the surface). These definitions clearly provide that the deposit of waste in contravention of section 33 Environmental Protection Act 1990 must involve either deposit in the land or onto the surface of the land or any structure set into the surface, but one may presume therefore not any other structure on the land. Nevertheless, the unauthorised deposit of waste, for example, onto a collection wagon may constitute a breach of regulation 12 of the Environmental Permitting (England and Wales) Regulations 2010 – operation of a regulated facility without a permit. A regulated facility is defined as including a waste operation and the above would constitute a waste operation, as the regulations clearly state that disposal of waste constitutes a waste operation. It should be noted that one could not succeed on a section 33 offence in any event if it were not the case that the activity required a permit. |
Who we are - What we do
We are specialists in all aspects of local environmental management and regulation.
Mallard Consultancy was founded in 1996 and provides a comprehensive consultancy service:
Our founder, David Armstrong, is widely known to public sector agencies as “the Wig”, consultant and adviser to Keep Britain Tidy and the Keep Britain Tidy Network.
We are also members of the Unique Places Network, an association of acknowledged experts in management of the public realm. All Mallard clients have access to the broader range of services available through the Unique Places Network. As a part of the Unique Places Network we can offer a complete health check for local authorities, using specialist experts in each field, from procurement, to management, design, procedures, regulation and even media and marketing.
Cases | Questions | Offence Guides | Procedural guides | Notices | Contact us
We are specialists in all aspects of local environmental management and regulation.
Mallard Consultancy was founded in 1996 and provides a comprehensive consultancy service:
- Training
- Procedural evaluation and re-write services
- Single point member resources
- Ongoing member support services
Our founder, David Armstrong, is widely known to public sector agencies as “the Wig”, consultant and adviser to Keep Britain Tidy and the Keep Britain Tidy Network.
We are also members of the Unique Places Network, an association of acknowledged experts in management of the public realm. All Mallard clients have access to the broader range of services available through the Unique Places Network. As a part of the Unique Places Network we can offer a complete health check for local authorities, using specialist experts in each field, from procurement, to management, design, procedures, regulation and even media and marketing.
Cases | Questions | Offence Guides | Procedural guides | Notices | Contact us
REGULATING HOUSEHOLD WASTE AND THE DUTY TO COLLECT
The overlapping environmental crimes that will normally present where a local authority encounters “side waste” issues may be identified as:
Section 87 EPA – littering
Section 34 EPA – duty of care
Section 33 EPA – fly tipping
Section 46 EPA – breach of household waste receptacles notice.
Where one is dealing with a deposit of household waste, then one must consider the possible effect, if any, of section 45 Environmental Protection Act 1990, being the duty to collect household waste. This was considered in the Divisional Court case of Leeds City Council v Gordon Hoyland Spencer (1999) DC, 6TH May 1999.