Control of Pollution (Amendment) Act 1989
| Jurisdiction | UK Non-devolved |
| Citation | 1989 c. 14 |
| Year | 1989 |
(1) Subject to the following provisions of this section, it shall be an offence for any person who is not a registered carrier of controlled waste, in the course of any business of his or otherwise with a view to profit, to transport any controlled waste to or from any place in Great Britain.the transport of controlled waste within the same premises between different places in those premises;the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain and is not landed in Great Britain until it arrives at that place;the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain.he is a prescribed person or a person of such a description as may be prescribed; orwithout prejudice to paragraph (a) above, he is a person in relation to whom the prescribed requirements under the law of any other member State are satisfied.that the waste was transported in an emergency of which notice was given, as soon as practicable after it occurred, to the F1disposal authority F1regulation authority in whose area the emergency occurred;F34 or that he neither knew nor had reasonable grounds for suspecting that what was being transported was controlled waste and took all such steps as it was reasonable to take for ascertaining whether it was such waste; orF35that he acted under instructions from his employer. (5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.(6) In this section “emergency”, in relation to the transport of any controlled waste, means any circumstances in which, in order to avoid, remove or reduce any serious danger to the public or serious risk of damage to the environment, it is necessary for the waste to be transported from one place to another without the use of a registered carrier of such waste.(1) Subject to section 3 below, the Secretary of State may by regulations make provision for the registration of persons with F2disposal authorities F2regulation authorities as carriers of controlled waste and, for that purpose, for the establishment and maintenance by such authorities, in accordance with the regulations, of such registers as may be prescribed.make provision with respect to applications for registration;impose requirements with respect to the manner in which F2disposal authorities F2regulation authorities maintain registers of carriers of controlled waste;provide for the issue of a certificate of registration F37free of charge to a registered carrier of controlled waste both on his registration and on the making of any alteration of any entry relating to him in a register of such carriers;F38provide for such a certificate to be in such form and to contain such information as may be prescribed; provide that the provision by a F2disposal authority F2regulation authority to a registered carrier of such copies of a certificate of registration as are provided in addition to the certificate provided F39free of charge in pursuance of provision made by virtue of paragraph (c) above is to be made subject to the payment of a charge imposed under the regulations.prescribes the manner of determining the F2disposal authority F2regulation authority to which an application is to be made;F40prescribes the form on which and other manner in which an application is to be made; prescribes the period within which an application for the renewal of any registration which is due to expire is to be made;imposes requirements with respect to the information which is to be provided by an applicant to the authority to which his application is made;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F42the power to prescribe a form under paragraph (b) of that subsection includes power to require an application to be made on any form of any description supplied for the purpose by the regulation authority to which the application is to be made; and the power to impose requirements with respect to information under paragraph (d) of that subsection includes power to make provision requiring an application to be accompanied by such information as may reasonably be required by the regulation authority to which it is to be made.specifying or describing the information to be incorporated in any register maintained by a F2disposal authority F2regulation authority in pursuance of any such regulations;requiring a registered carrier of controlled waste to notify a F2disposal authority F2regulation authority which maintains such a register of any change of circumstances affecting information contained in the entry relating to that carrier in that register;requiring a F2disposal authority F2regulation authority , to such extent and in such manner as may be prescribed, to make the contents of any such register available for public inspection free of charge; andrequiring such an authority, on payment of such charges as may be imposed under the regulations, to
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