Waste Management Act 1996

PART VI

General Provisions Regarding Environmental Protection

Annotations:

Editorial Notes:

E520

Section 54 appears at the end of Part V, before s. 53B; see note under Part V.

Power of local authority to require measures to be taken in relation to the holding, recovery or disposal of waste.

55

55. (1) ( a) Where it appears to a local authority, as respects its functional area, that it is necessary so to do in order to prevent or limit environmental pollution caused, or likely to be caused, by the holding, recovery or disposal of waste, the local authority may serve a notice under this section on a person who is or was holding, recovering or disposing of the waste, as the case may be.

( b) Paragraph (a)shall not apply in respect of the recovery or disposal of waste carried on in accordance with a waste licence, or a licence or revised licence granted under Part IV of the Act of 1992.

(2) A notice under this section may require—

( a) the taking of specified measures which the local authority considers necessary in order to prevent or limit the environmental pollution concerned or prevent a recurrence thereof,

( b) the cesser of the holding, recovery or disposal concerned,

( c) the mitigation or remedying of any effects of any activity aforesaid in a specified manner,

within a specified period (not being less than 14 days commencing on the date of the service of the notice).

(3) A notice under this section—

( a) may be served whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned;

( b) shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.

(4) A person on whom a notice under this section has been served may, within such period as may be specified in the notice for the purpose, make representations in writing to the local authority concerned regarding the terms of the notice, and the local authority, having considered any such representations, may amend the terms of the notice or confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation.

(5) A person on whom a notice under this section has been served shall, within the period specified in the notice, comply with the terms thereof.

(6) If a person on whom a notice under this section has been served does not, within the period specified in the notice, comply with the terms thereof, the local authority concerned may take such steps as it considers reasonable and necessary to secure compliance with the notice, and may recover any expense thereby incurred from the said person as a simple contract debt in any court of competent jurisdiction.

(7) Without prejudice to the generality of subsection (2), a notice under this section may require—

( a) the removal of waste to any location or locations,

(b) the disposal of waste in a specified manner or at a specified facility,

( c) the taking of measures to prevent the continuance of the activity to which the notice relates,

( d) the treatment of affected lands or waters so as to mitigate or remedy the effects of the activity concerned,

( e) the taking of such other action as may be necessary to counteract any risk of environmental pollution arising from the activity concerned.

(8) A person who fails to comply with a notice under this section shall be guilty of an offence.

(9) Save where the context does not admit such a construction, references in this section to a notice thereunder shall, if the notice has been amended under subsection (4), be construed as references to the notice as so amended.