Waste Management Act 1996

Powers of local authority to take measures to prevent or limit environmental pollution caused by waste.

56

56.(1) Where it appears to a local authority that measures are required to be taken in order to prevent or limit environmental pollution in its functional area caused, or likely to be caused, by the holding, recovery or disposal of waste, the local authority may take such steps, carry out such operations, recover or dispose of, or arrange for the recovery or disposal of, such waste or give such assistance as it considers necessary to prevent or limit such pollution or to mitigate or remedy the effects on the environment of any such activity.

(2) Where a local authority takes steps, carries out operations, recovers or disposes of, or arranges for the recovery or disposal of, waste or gives assistance under this section, the local authority may recover the costs of such steps, operations, recovery, disposal or assistance as a simple contract debt in a court of competent jurisdiction from such person as the local authority satisfies the court is a person whose act or omission necessitated such steps, operations, recovery, disposal or assistance.

(3) Nothing in this Act or an instrument made thereunder or any other enactment shall prejudice the taking of necessary action by a local authority in pursuance of the powers under this section.