activities — industrial or commercial activities or activities of any other nature whatsoever (including, with or without other activities, the keeping of a substance); “Great Britain” includes so much of the adjacent territorial sea as is, or is treated as, relevant territorial waters for the purposes of [Part III of the Water Resources Act 1991] or, as respects Scotland, Part II of the Control of Pollution Act 1974 Section 1(6)

agricultural unit — land which is occupied as a unit for agricultural purposes; “drain” has the same meaning as in the Water Resources Act 1991; “lake or pond” has the same meaning as in section 104 of that Act; “sewer” has the same meaning as in that Act Section 79

appear — appear to the enforcing authority, and cognate expressions shall be construed accordingly Section 78K(7)

appointed day — the date appointed under section 131(3) of this Act; “appropriate new council” shall be construed in accordance with paragraph 7 below Schedule 11, Part II, paragraph 6

appropriate authority — — in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers Section 75A(8)

appropriate Minister — — the Secretary of State, in relation to waste being kept on land in England, and the Welsh Ministers, in relation to waste being kept on land in Wales Section 57

Appropriate person — — in relation to England, the Secretary of State; in relation to Wales, the National Assembly for Wales Section 29(1A)

appropriate person — any person who is an appropriate person, determined in accordance with section 78F below, to bear responsibility for any thing which is to be done by way of remediation in any particular case; “charging notice” has the meaning given by section 78P(3)(b) below; “controlled waters”— in relation to England and Wales, has the same meaning as in Part III of the Water Resources Act 1991 except that “ground waters” does not include waters contained in underground strata but above the saturation zone; and in relation to Scotland, has the same meaning as in section 30A of the Control of Pollution Act 1974; “creditor” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970 Section 78A(9)

appropriate person — — in relation to England, the Secretary of State; in relation to Wales, the National Assembly for Wales; “associated facilities”, in relation to a bus station, has the meaning given by section 83 of the Transport Act 1985; “bus station” has the meaning given by section 83 of the Transport Act 1985; “chimney” includes structures and openings of any kind from or through which smoke may be emitted; “dust” does not include dust emitted from a chimney as an ingredient of smoke; “equipment” includes a musical instrument Section 79(7)

Appropriate person — — in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers Section 98(1A)

Authorisation — an authorisation for a process (whether on premises or by means of mobile plant) granted under section 6 below; and a reference to the conditions of an authorisation is a reference to the conditions subject to which at any time the authorisation has effect Section 1(9)

authorised officer — an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section Section 34B

authorised officer — — an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area of the authority, an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area designated as the National Park for which the Authority is established Section 34ZC(15)

authorised officer — an employee of a waste collection authority who is authorised in writing by the authority for the purpose of giving written warnings and requiring payment of civil penalty charges under this section Section 46ZA(11)

authorised officer — an employee of a litter authority who is authorised in writing by the authority for the purposes of imposing civil penalty charges under this section Section 88C(6)

authority — an existing disposal authority as defined in section 32(1) Schedule 2, Part I, paragraph 1

authority — — a waste regulation authority in England or Wales, or a waste collection authority in England or Wales Section 59ZB(14)

biological matter — anything (other than an entity mentioned in that subsection) which consists of or includes— and it is immaterial, in determining if something is or is not an organism or biological matter, whether it is the product of natural or artificial processes of reproduction and, in the case of biological matter, whether it has ever been part of a whole organism. tissue or cells (including gametes or propagules) or subcellular entities, of any kind, capable of replication or of transferring genetic material, or genes or other genetic material, in any form, which are so capable Section 106(3)

bring site — any site (supervised or otherwise) where— an occupier of domestic property can deposit dry recyclable waste produced on that property in receptacles for one or more dry waste streams; and waste so deposited is collected and transported separately by an authorised person (for which see section 34(3)); “receptacle” has the same meaning as in section 46(10); and “rural area” has the same meaning as in section 34(4B) Section 45C(7)

chairman — (except in paragraph 2(1) below) the chairman of the committee Schedule 7, paragraph 1

civil penalty charge — a monetary penalty of an amount specified in regulations under section 46ZC Section 46ZA(11)

civil sanction — a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings) Section 141(5B)

civil sanction — a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings) Section 34CB(4)

civil sanction — a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings) Section 62ZA(4)

cleansing — such cleansing as appears to the islands or as the case may be district council to be necessary in the interests of public health or safety or of the amenities of their area but does not include operations for the removal of snow or ice and Schedule 15, paragraph 20(3)

collection — the gathering of such waste, including the preliminary sorting and preliminary storage of such waste for the purposes of transport to a waste treatment facility Section 29(5A)

commercial waste — waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding— household waste; industrial waste; and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph Section 75(7)

company — a waste disposal contractor formed under the Companies Act 1985 by a waste disposal authority as mentioned in section 30(5) Schedule 2, Part I, paragraph 1

consent — a consent granted under section 111 above, and a reference to the limitations or conditions to which a consent is subject is a reference to the limitations or conditions subject to which the consent for the time being has effect; “descendant”, in relation to a genetically modified organism, means any other organism whose genes or other genetic material is derived, through any number of generations, from that organism by any process of reproduction Section 127(1)

Controlled waste — household, industrial and commercial waste or any such waste Section 75(4)

council — a council established by section 128(1) of this Act Schedule 7, paragraph 1

crop residue — straw or stubble or any other crop residue Section 152(5)

Crown premises — premises held or used by or on behalf of the Crown Section 159(4)

digitally excluded person — a person— who is a practising member of a religious society or order whose beliefs are incompatible with using electronic communications or keeping electronic records, or for whom it is not reasonably practicable to use electronic communications or to keep electronic records for any reason (including age, disability or location); “extractive waste”— in relation to regulations made in relation to England or Wales, has the meaning it has in this Part (as it extends to England and Wales); in relation to regulations made in relation to Scotland, has the meaning it has in the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60) Section 34CA(12)

direction — a direction under section 32(2) Schedule 2, Part I, paragraph 1

disposal records — records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on Schedule 5, Part I, paragraph 8(4)

domestic premises — — a building or self-contained part of a building which is used wholly for the purposes of living accommodation, a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 62)) that usually and for the time being is situated on a caravan site (within the meaning of that Act), or a moored vessel used wholly for the purposes of living accommodation Schedule 2AA, paragraph 15(1)

domestic premises — — premises used wholly or mainly as a private dwelling, or land or other premises belonging to, or enjoyed with, premises so used Section 80(8C)

domestic waste — household waste from domestic premises; “enactment” includes an enactment contained in subordinate legislation Schedule 2AA, paragraph 15(1)

educational bodies — the governing bodies and education authorities mentioned in section 89(1)(f) above Section 97(3)

enforcement action — action under regulation 36, 37 or 42 of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ; “regulated facility” has the meaning given in regulation 8 of those Regulations Section 78YB

enforcement authority — the Environment Agency , the Natural Resources Body for Wales or a waste collection authority Section 33A(5)

enforcement authority — the Environment Agency , the Natural Resources Body for Wales or a waste collection authority Section 34A

enforcement authority — — the Environment Agency, ... the Natural Resources Body for Wales, or a waste collection authority Section 34B

enforcement authority — the Environment Agency, the Natural Resources Body for Wales, a waste collection authority for an area in England or Wales or the Scottish Environment Protection Agency Section 34CB(8)

enforcement authority in England — the Environment Agency or a waste collection authority in England Section 34ZA(17)

enforcement authority in Wales — the Natural Resources Body for Wales or a waste collection authority in Wales Section 34ZB(16)

enforcement officer — a person referred to in subsection (3)(c) Section 140(10B)

enforcing authority — — in relation to a special site, the appropriate Agency; in relation to contaminated land other than a special site, the local authority in whose area the land is situated; “heritable security” has the same meaning as in the Conveyancing and Feudal Reform (Scotland) Act 1970; “local authority” in relation to England and Wales means— and in relation to Scotland means a council for an area constituted under section 2 of the Local Government etc. (Scotland) Act 1994; any unitary authority; any district council, so far as it is not a unitary authority; the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively Section 78A(9)

English waste authority — a waste collection authority or a waste disposal authority whose area is in England Section 47A

English waste collection authority — a waste collection authority whose area is in England Section 30(4A)

English waste collection authority — a waste collection authority whose area is in England Section 47A

English waste disposal authority — a waste disposal authority whose area is in England Section 30(4A)

existing disposal authority — any authority constituted as a disposal authority for any area before the day appointed for this section to come into force and Section 77(5)

existing disposal licence — a disposal licence under section 5 of the 1974 Act subsisting on the day appointed under section 164(3) below for the repeal of sections 3 to 10 of the 1974 Act and “relevant appointed day for licences” shall be construed accordingly Section 77(1)

existing disposal plan — a plan under section 2 of the 1974 Act subsisting on the day appointed under section 164(3) below for the repeal of that section and “relevant appointed day for plans” shall be construed accordingly; “relevant part of its undertaking”, in relation to an existing disposal authority, has the same meaning as in section 32 above; and “the vesting date”, in relation to an existing disposal authority and its waste disposal contractors, means the vesting date under Schedule 2 to this Act Section 77(1)

fixed penalty — a monetary penalty of an amount determined in accordance with section 46B Section 46A(10)

food waste — controlled waste that— but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink; has at any time been food (which for this purpose does not include drink) intended for human consumption, or is biodegradable waste arising from the processing or preparation of food or drink, “drain”, “public sewer” and “sewer” have the meanings given in section 219(1) of the Water Industry Act 1991 Section 34D(5)

foreign company — a company or body which is not one to whom any of the following provisions applies— so as to authorise the service of the document in question under any of those provisions. sections 695 and 725 of the Companies Act 1985; Articles 645 and 673 of the Companies (Northern Ireland) Order 1986 Schedule 14, paragraph 2(4B)

fumes — any airborne solid matter smaller than dust; “gas” includes vapour and moisture precipitated from vapour; “goods vehicle operating centre”, in relation to vehicles used under an operator's licence, means a place which is specified in the licence as an operating centre for those vehicles, and for the purposes of this definition “operating centre” and “operator's licence” have the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995 Section 79(7)

ground waters — any waters contained in underground strata, or in— a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata Section 1(12)

harbour premises — premises which form part of a harbour area and which are occupied wholly or mainly for the purposes of harbour operations, and for the purposes of this definition “harbour area” and “harbour operations” have the same meaning as in Part 3 of the Aviation and Maritime Security Act 1990 Section 79(7)

Harm — adverse effects as regards the health of humans or the environment Section 107(6)

Harm — harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or harm to his property; and “harmless” has a corresponding meaning Section 1(4)

harm — harm to the health of living organisms or other interference with the ecological systems of which they form part and in the case of man includes offence to any of his senses or harm to his property; and “harmless” has a corresponding meaning Section 29(5)

Harm — harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property Section 78A(4)

harmless — respectively, in relation to genetically modified organisms, their being capable or their being incapable of causing harm. The Secretary of State may by regulations provide, in relation to genetically modified organisms of any description specified in the regulations, that— shall be disregarded for such purposes of this Part as may be so specified. the capacity of those organisms for causing harm of any description so specified, or harm of any description so specified, Organisms of any description are under the “control” of a person where he keeps them contained by measures designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm. An organism under a person’s control is “released” if he deliberately causes or permits it to cease to be under his control or the control of any other person and to enter the environment; and such an organism “escapes” if, otherwise than by being released, it ceases to be under his control or that of any other person and enters the environment. Genetically modified organisms of any description are “marketed” by a person when products consisting of or including such organisms are placed on the market by… Section 107

hazardous waste — — any waste identified as hazardous waste in— the waste list as it applies in relation to England, or regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and any other waste that is treated as hazardous waste for the purposes of— regulations made by the Secretary of State under section 62ZA, or the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) Section 75(8A)

hazardous waste — — any waste identified as hazardous waste in— the waste list as it applies in relation to Wales, or regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and any other waste that is treated as hazardous waste for the purposes of— regulations made by the Welsh Ministers under section 62ZA, or the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138)) Section 75(8B)

hazardous waste controller — a person who carries out any activity in relation to hazardous waste Section 62ZA(11)

household waste — waste from— domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation; a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act); a residential home; premises forming part of a university or school or other educational establishment; premises forming part of a hospital or nursing home Section 75(5)

human embryo — an embryo within the meaning given in the provisions of the Human Fertilisation and Embryology Act 1990 (apart from section 4A) by virtue of section 1(1) and (6) of that Act, and “human admixed embryo” has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act Section 106(3A)

import — import into the United Kingdom; “premises” includes any land Section 127(1)

industrial waste — waste from any of the following premises— any factory (within the meaning of the Factories Act 1961); any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air; any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; . . . any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services; or any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947 Section 75(6)

industrial, trade or business premises — premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purpose of manufacturing Section 78M(6)

industrial, trade or business premises — premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purposes of manufacturing; “lighthouse” has the same meaning as in Part 8 of the Merchant Shipping Act 1995 Section 79(7)

inspector — subject to section 125 below, a person appointed as an inspector under subsection (1) above Section 114(5)

interest — interest at the rate determined by the enforcing authority under subsection (4) above Section 78P(13)

interest — interest at the rate determined by the authority under section 81A (1) above Section 81B(2)

joint company — a company in which more than one authority holds securities; “securities”, in relation to a company includes shares, debentures, bonds or other securities of the company, whether or not constituting a charge on the assets of the company Schedule 2, Part I, paragraph 1

list of waste — the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales or Scotland (as the case may be). in paragraph 1— the first and second sentences were omitted; for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste Section 75A(6)

litter authority — — a local authority, Loch Lomond and the Trossachs National Park Authority, or such other person as may be specified in regulations by the Scottish Ministers Section 88C(6)

littering enforcement function — — any function of a litter authority, or of an authorised officer of that authority, conferred by or under sections 87 to 88A or Schedule 3A, or any function exercised for purposes connected with any of those sections or that Schedule Section 88B(7)

local authorities — the local authorities mentioned in section 89(1)(a) and (c) and (2)(a) above Section 97(3)

local authority — a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 Section 34ZC(15)

local authority — a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) Section 44ZA

local authority — subject to subsection (12) below— in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; in England . . .,outside Greater London, a district council and the Council of the Isles of Scilly; . . . in Wales, a county council or county borough council; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 4(11)

local authority — — in England outside Greater London— a district council, a county council, or the Council of the Isles of Scilly; in Greater London— the council of a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, or the Under-Treasurer of the Middle Temple; in Wales— a county council, or a county borough council; in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 Section 75A(8)

local authority — subject to subsection (8) below,— in Greater London, a London borough council, the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively; in England and Wales outside Greater London, a district council; . . . in Wales, a county council or county borough council; the Council of the Isles of Scilly; and in Scotland, a district or islands council or a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; “noise” includes vibration; “person responsible”— in relation to a statutory nuisance, means the person to whose act, default or sufferance the nuisance is attributable; in relation to a vehicle, includes the person in whose name the vehicle is for the time being registered under the Vehicle Excise and Registration Act 1994 and any other person who is for the time being the driver of the vehicle; in relation to machinery or equipment, includes any person who is for the time being the operator of the machinery or equipment Section 79(7)

local authority — a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 Section 88C(6)

local authority — — the council of a district; the council of a London borough; the Common Council of the City of London; the council of the Isles of Scilly; in Wales, the council of a county or county borough;and in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 Section 99(5)

local enforcing authority — any such local authority Section 1(7)

luggage trolley — a trolley provided by a person carrying on an undertaking mentioned in paragraph 1(2)(d) above to travellers for use by them for carrying their luggage to, from or within the premises used for the purposes of his undertaking, not being a trolley which is power-assisted; and “shopping trolley”, means a trolley provided by the owner of a shop to customers for use by them for carrying goods purchased at the shop, not being a trolley which is power-assisted Schedule 4, paragraph 5

mobile plant — plant which is designed to move or to be moved whether on roads or otherwise Section 1(6)

Mobile plant — subject to subsection (10) below, plant which is designed to move or be moved whether on roads or other land Section 29(9)

mobile radioactive apparatus — any apparatus, equipment, appliance or other thing which is radioactive material and— is constructed or adapted for being transported from place to place; or is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms Schedule 5, Part I, paragraph 7(2)

national waste management plan — the plan mentioned in regulation 3(1) of the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251), however constituted at the time and as modified from time to time Section 44ZA

new council — a council established by section 128(1) of this Act Schedule 11, Part II, paragraph 6

notice — notice in writing Section 78A(9)

notice — a street litter control notice Section 93(4)

notification — notification in writing; “owner”, in relation to any land in England and Wales, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let; “owner”, in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted Section 78A(9)

officer — an officer appointed under subsection (1) above Section 149(11)

open land — land in the open air; “the premises”, in relation to a notice, means the premises in respect of which the notice is issued Section 93(4)

organism — any acellular, unicellular or multicellular entity (in any form), other than humans , human embryos or human admixed embryos ; and, unless the context otherwise requires, the term also includes any article or substance consisting of or including biological matter Section 106(2)

person acting in a relevant capacity — — a person acting as an insolvency practitioner, within the meaning of section 388 of the Insolvency Act 1986 (including that section as it applies in relation to an insolvent partnership by virtue of any order made under section 421 of that Act); the official receiver acting in a capacity in which he would be regarded as acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 if subsection (5) of that section were disregarded; the official receiver acting as receiver or manager; a person acting as a special manager under section 177 or 370 of the Insolvency Act 1986; the Accountant in Bankruptcy acting as trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016 ); a person acting as a receiver or receiver and manager— under or by virtue of any enactment; or by virtue of his appointment as such by an order of a court or by any other instrument Section 78X(4)

planning authority — an authority within the meaning of section 172 of the Local Government (Scotland) Act 1973; “strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly Section 44B(8)

pollution of controlled waters — the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter Section 78A(9)

Pollution of the environment — pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment Section 1(3)

Pollution of the environment — pollution of the environment due to the release or escape (into any environmental medium) from— of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to man or any other living organisms supported by the environment. the land on which controlled waste or extractive waste is treated, the land on which controlled waste or extractive waste is kept, the land in or on which controlled waste or extractive waste is deposited, fixed plant by means of which controlled waste or extractive waste is treated, kept or disposed of Section 29(3)

practicable — reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications; the means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures; the test is to apply only so far as compatible with any duty imposed by law; the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances Section 79(9)

prejudicial to health — injurious, or likely to cause injury, to health; “premises” includes land and, subject to subsection (12) and , in relation to England and Wales, section 81A(9) below, any vessel; “prison” includes a young offender institution Section 79(7)

prescribed — prescribed by regulations made by the Secretary of State or, in relation to Wales, the National Assembly for Wales Section 106(4D)

prescribed — prescribed by the Secretary of State in regulations under this section Section 108(10)

prescribed — prescribed in regulations made by the Secretary of State; “vary” and “variation” shall be construed accordingly. , in relation to the subsisting conditions or other provisions of an authorisation, means adding to them or varying or rescinding any of them; and in relation to a variation notice, means adding to, or varying or rescinding the notice or any of its contents Section 10(8)

prescribed — prescribed in regulations under this section Section 111(11)

prescribed — prescribed in regulations made by the Secretary of State Section 122(4)

prescribed — prescribed in regulations Section 147(7)

prescribed — prescribed in regulations made by the Secretary of State Section 149(11)

prescribed — prescribed in regulations under this section; and “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation Section 156(3)

prescribed — prescribed in regulations under this section Section 20(10)

prescribed — prescribed in regulations by the Secretary of State Section 64(8)

prescribed — prescribed by regulations Section 78A(9)

prescribed process — a process prescribed under section 2(1) below Section 1(5)

prescribed substance — any substance of a description prescribed in regulations under subsection (5) above or, in the case of a substance of a description prescribed only for releases in circumstances specified under subsection (6)(b) above, means any substance of that description which is released in those circumstances Section 2(7)

primary legislation — — an Act of Parliament, a Measure or Act of Senedd Cymru, an Act of the Scottish Parliament, or Northern Ireland legislation Section 141(6)

primary legislation — — in relation to regulations made by the Secretary of State, an Act of Parliament; in relation to regulations made by the Welsh Ministers, an Act of Parliament or an Act or Measure of Senedd Cymru; in relation to regulations made by the Scottish Ministers, an Act of Parliament or an Act of the Scottish Parliament Section 34CB(8)

private dwelling — any building, or part of a building, used or intended to be used, as a dwelling; “public service vehicle operating centre”, in relation to public service vehicles used under a PSV operator's licence, means a place which is an operating centre of those vehicles, and for the purposes of this definition “operating centre”, “PSV operator's licence” and “public service vehicle” have the same meaning as in the Public Passenger Vehicles Act 1981 Section 79(7)

privy — a latrine which has a moveable receptacle and “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings. In this section— Section 45(12)

Process — any activities carried on in Great Britain, whether on premises or by means of mobile plant, which are capable of causing pollution of the environment and Section 1(5)

prohibition notice — a notice under section 110 above Section 127(1)

proper officer — the officer who has, as respects the authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration) Section 88(10)

public place — — and, for the purposes of section 160 below in its application to this section, the proper address of the owner of a dog which wears a collar includes the address given on the collar. as respects England and Wales, any highway and any other place to which the public are entitled or permitted to have access; as respects Scotland, any road (within the meaning of the Roads (Scotland) Act 1984) and any other place to which the public are entitled or permitted to have access Section 149(11)

railway premises — any premises which fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993; “relevant separate railway premises” has the meaning given by subsection (7A); “road” has the same meaning as in Part IV of the New Roads and Street Works Act 1991; “smoke” includes soot, ash, grit and gritty particles emitted in smoke Section 79(7)

records — records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation Schedule 5, Part I, paragraph 8(4)

recyclable waste — waste that is capable of being recycled Schedule 2AA, paragraph 15(1)

recycling and composting standards — in relation to an English waste authority, such performance standards and performance indicators (if any) as may be specified for that authority in an order made under section 4 of the Local Government Act 1999 in connection with the recycling and composting of household waste Section 47A

recycling service — arrangements for the collection of recyclable domestic waste from premises separately from other waste; and a “good” recycling service means a recycling service that meets the standards specified for the purposes of this definition in guidance issued by the Secretary of State Schedule 2AA, paragraph 2(2)

registered vehicle — a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994 Section 88A(9)

registered vehicle — a vehicle which is registered under that Act Section 88C(6)

registered waste carrier — a person registered under the Control of Pollution (Amendment) Act 1989 as a carrier of controlled waste Section 57

regulations — regulations made by the Secretary of State; “remediation declaration” has the meaning given by section 78H(6) below; “remediation notice” has the meaning given by section 78E(1) below; “remediation statement” has the meaning given by section 78H(7) below; “required to be designated as a special site” shall be construed in accordance with section 78C(8) below Section 78A(9)

relevant authority — a waste collection authority or a waste disposal authority Section 63A(3)

relevant authority — — in relation to functions under section 59, a waste collection authority, in relation to functions in respect of contraventions of section 33(1)(a) or (c)— a local authority, Loch Lomond and The Trossachs National Park Authority, or a person specified by order made by the Scottish Ministers under section 33A(13) Section 71A(5)

relevant enforcement authority — — the Environment Agency, where the proceedings in respect of the offence have been brought by or on behalf of the Agency,... the Natural Resources Body for Wales, where the proceedings in respect of the offence have been brought by or on behalf of that Body, or in any other case, the waste collection authority in whose area the offence was committed Section 33C

relevant industrial, trade or business premises — premises that are industrial, trade or business premises as defined in subsection (7), but excluding— and excluding land covered by, and the waters of, any river or watercourse, that is neither a sewer nor a drain, or any lake or pond. land used as arable, grazing, meadow or pasture land, land used as osier land, reed beds or woodland, land used for market gardens, nursery grounds or orchards, land forming part of an agricultural unit, not being land falling within any of paragraphs (a) to (c), where the land is of a description prescribed by regulations made by the appropriate person, and land included in a site of special scientific interest (as defined in section 52(1) of the Wildlife and Countryside Act 1981) Section 79(7C)

relevant information — information concerning any aspects of the activities in question, including any damage to the environment which may be or have been caused thereby; and the discharge by the Secretary of State of a function under assimilated law or an obligation of the United Kingdom under ... any international agreement concerning the protection of the environment from harm caused by genetically modified organisms shall be treated as a function of his under this Part Section 116(2)

relevant land — any land, in the open air, to which members of the public have access and which is not comprehended in a public road within the meaning of the Roads (Scotland) Act 1984 Schedule 15, paragraph 20(3)

relevant land or waters — — the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land or those waters Section 78G(7)

relevant national authority — — in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers Section 34CA(12)

relevant national authority — — in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers Section 62ZA(11)

relevant non-domestic premises — — a residential home; premises forming part of a university or school or other educational establishment; premises forming part of a hospital or nursing home; premises of a description specified in regulations made by the Secretary of State Section 45AZA(11)

relevant offence — an offence under this section in respect of a contravention of subsection (1)(c) above consisting of the treatment, keeping or disposal within the curtillage of a domestic property of household waste from that property Section 33(10)

relevant offence — — an offence under section 33 above, or an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section; “road” has the same meaning as in the Road Traffic Regulation Act 1984 Section 34B

relevant person — — the Environment Agency; the Natural Resources Body for Wales; a waste collection authority; the occupier of the land; the owner of the land (within the meaning of section 78A(9) below) Section 33B(3)

relevant sport — a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales. A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order Section 80(8B)

relevant waste — controlled waste or extractive waste Section 34CA(12)

relevant waste controller — any person who— is subject to the duty in section 34(1) (duty of care as respects controlled waste), imports, produces, carries, keeps, treats, manages or disposes of extractive waste or, as a dealer or broker, has control of such waste, or exports relevant waste Section 34CA(12)

Remediation — — and cognate expressions shall be construed accordingly. the doing of anything for the purpose of assessing the condition of— the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land; the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or waters for the purpose— of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any significant pollution of controlled waters, by reason of which the contaminated land is such land; or of restoring the land or waters to their former state; or the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or waters Section 78A(7)

residual domestic waste — domestic waste that is not— waste meeting the conditions for collection by the authority as recyclable waste, or waste for which a charge may be made by virtue of regulations under section 45(3) (power to charge for collection of household waste in prescribed cases) Schedule 2AA, paragraph 15(1)

SEPA — the Scottish Environment Protection Agency Section 44ZA

separate collection — that waste is presented for collection, and collected, in a manner that ensures that— dry recyclable waste is kept separate from other waste; waste from one dry waste stream is kept separate from waste in another such stream; and food waste is kept separate from other waste; “recovery” refers to any of the operations listed in Part III of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011, and any other operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in a plant or in the wider economy Section 29(5A)

site records — records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is kept and Schedule 5, Part I, paragraph 8(4)

specified — specified in the notice under sub-paragraph (2) above Schedule 2, Part II, paragraph 20(5)

specified — specified in the waste reduction scheme Schedule 2AA, paragraph 15(1)

specified — specified in a notice under this section. in the case of registration under section one of this Act, the keeping or use of radioactive material; in the case of registration under section three of this Act, the keeping, using, lending or hiring of the mobile radioactive apparatus; in the case of an authorisation under section six of this Act, the disposal of radioactive waste; and in the case of an authorisation under section seven of this Act, the accumulation of radioactive waste Schedule 5, Part I, paragraph 8(4)

specified — specified in the regulations Section 140(11)

specified — specified or described in the regulations Section 34CA(12)

specified — specified in a notice under subsection (1) or (1A) above Section 46(10)

specified — specified in a notice under subsection (2) above Section 47(10)

specified — specified in a direction under this section Section 57

specified — specified in the regulations Section 62ZA(11)

specified area — the area specified in a notice under subsection (3)(b) Section 93(4)

Statutory undertaker — — any person authorised by any enactment to carry on any railway, light railway, tramway or road transport undertaking; any person authorised by any enactment to carry on any canal, inland navigation, dock, harbour or pier undertaking; or any relevant airport operator (within the meaning of Part V of the Airports Act 1986) Section 98(6)

street — a highway and any other road, footway, square or court that is for the time being open to the public Section 79(7)

street — a relevant highway, a relevant road or any other highway or road over which there is a right of way on foot Section 93(4)

substance — any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances Section 140(11)

substance — any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances Section 142(6)

Substance — any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour Section 29(11)

substance — any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour Section 78A(9)

that authority — the waste disposal authority for that area under section 30(2) above Section 77(5)

the 1949 Act — the National Parks and Access to the Countryside Act 1949 and Schedule 11, Part III, paragraph 15

the 1981 Act — the Wildlife and Countryside Act 1981 Schedule 11, Part III, paragraph 15

the 2002 Regulations — the Genetically Modified Organisms (Deliberate Release) Regulations 2002 Section 163A(3)

the Agency — the Food Standards Agency Section 126(8)

the appellate authority — the Secretary of State or the National Assembly for Wales, as the case may be. if it was served by a local authority in England or by the Environment Agency , to the Secretary of State; if it was served by a local authority in Wales or by the Natural Resources Body for Wales , to the National Assembly for Wales Section 78L(1)

the appointed day — the day appointed under section 130(4) of this Act Schedule 11, Part I, paragraph 1

the appropriate Agency — — in relation to England and Wales, the Environment Agency; and in relation to Scotland, SEPA Section 1(14)

the appropriate Agency — — in relation to England ..., the Environment Agency; in relation to Scotland, the Scottish Environment Protection Agency; in relation to Wales, the Natural Resources Body for Wales Section 78A(9)

the appropriate Minister — the Minister of Agriculture, Fisheries and Food or the Secretary of State or both of them Section 152(5)

the chief inspector — the chief inspector appointed under subsection (2) of section 11A of this Act Schedule 5, Part I, paragraph 3

the Commission — the Countryside Commission Schedule 11, Part I, paragraph 1

the committee — the Joint Nature Conservation Committee Schedule 7, paragraph 1

the Council — the Countryside Council for Wales; “relevant”, in relation to anything done by or in relation to the Commission before the appointed day, means anything which, if it were to be done on or after the appointed day, would be done by or in relation to the Council or, as the case may be, by or in relation to both the Commission (so far as concerning England) and the Council (so far as concerning Wales) Schedule 11, Part I, paragraph 1

the environment — the air, water and land, or any of those media, and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground Section 140(11)

the environment — land, water and air or any of them; “exportation”, in relation to waste, means causing it to leave the United Kingdom; “harm” includes offence to any of man’s senses; “importation”, in relation to waste, means causing it to arrive at, or enter into, the United Kingdom Section 141(6)

the environment — the air, water and land or any of them; “relevant information”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste Section 142(6)

The Environmental Permitting Regulations — the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) Section 29(12)

the land — land designated as a special site by a notice to which the particulars mentioned in that subsection relate Section 78TB(2)

the local authority — any local authority which has resolved that that Schedule is to apply in its area Section 99(6)

the Minister — the Minister of Agriculture, Fisheries and Food Section 126(8)

the person directly concerned — — and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions thereto either in effecting or granting the registration or authorisation or in exercising any power to vary it. in relation to a registration under section one or section three of this Act, the person applying for the registration or to whom the registration relates; in relation to an authorisation under section six or section seven of this Act, the person applying for the authorisation or to whom it was granted Schedule 5, Part I, paragraph 10(12)

the prescribed term — — in relation to England and Wales, where the offence is a summary offence, 51 weeks; in relation to England and Wales, where the offence is triable either way, the general limit in a magistrates’ court; in relation to Scotland and Northern Ireland, six months Section 141(5A)

the relevant land or waters — — the contaminated land in question; any controlled waters affected by that land; or any land adjoining or adjacent to that land or those waters Section 78N(5)

the specified period — such period of thirty years or less from the date of service of the charging notice as is specified in the order Section 78P(13)

the specified period — such period of thirty years or less from the date of service of the notice under section 81A above as is specified in the order Section 81B(2)

the vesting date — the date on which property, rights and liabilities vest in a company by virtue of a transfer scheme under paragraph 6 below Schedule 2, Part I, paragraph 1

the waste list — the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC) Section 75(8C)

tramway premises — any premises which, in relation to a tramway, are the equivalent of the premises which, in relation to a railway, fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993 Section 79(7)

transit of waste for export — the transportation or keeping of waste, that has arrived at, or has entered, the United Kingdom, for the purpose of facilitating its leaving the United Kingdom; “waste”, “waste collection authority”, and “waste regulation authority” have the same meaning as in Part II; and “the United Kingdom” includes its territorial sea Section 141(6)

unitary authority — — the council of a county, so far as it is the council of an area for which there are no district councils; the council of any district comprised in an area for which there is no county council; the council of a London borough; the council of a county borough in Wales Section 78A(9)

vehicle — any motor vehicle or trailer within the meaning of the Road Traffic Regulation Act 1984 or any mobile plant Section 33C

vehicle — any motor vehicle or trailer within the meaning of that Act or any mobile plant Section 34B

vehicle — a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle Section 88A(9)

vehicle — a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle Section 88C(6)

visiting force — any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952. occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or occupied by or for the purposes of a visiting force Section 79(2)

waste — anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive , as read with Articles 5 and 6 of that Directive, including anything excluded from the scope of that Directive by Article 2(1)(f) or 2(2)(b) or (c), but not including anything excluded by the remainder of that Article Section 57

Waste — anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive Section 75(2)

waste collection authority — a waste collection authority in Wales Section 73A(10)

waste collection authority — a waste collection authority in England Section 73ZA(10)

waste deposit offence — an offence under section 33 in respect of a contravention of subsection (1)(a) of that section Section 33ZA(2)

waste deposit offence — an offence under section 33 in respect of a contravention of subsection (1)(a) of that section Section 33ZB(2)

waste disposal contractor — a person who in the course of a business collects, keeps, treats or disposes of waste, being either— and “company”means a company as defined in section 1(1) of the Companies Act 2006 and “formed”, in relation to a company formed by other persons, includes the alteration of the company's articles so as to add, remove or alter a statement of the company's objects. a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or either a company formed for all or any of those purposes by other persons or a partnership or an individual Section 30(5)

Waste Framework Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with section 75A Section 75(1A)

waste processing product — any product of the processing of relevant waste, including material which is not relevant waste or which is not derived from relevant waste Section 34CA(12)

waste regulation authority — the Department of the Environment for Northern Ireland Section 141(7)

waste regulation authority — the Department of the Environment for Northern Ireland Section 62(4)

Welsh waste collection authority — a waste collection authority whose area is in Wales Section 33ZB(12)