DOC/EPA
In 1994, under the authority granted by this Act, a new waste licensing system was introduced to replace the provisions of the Control of Pollution Act 1974. The new system covers the depositing, recovery and disposal of all controlled wastes. The term 'controlled wastes' covers household, commercial and industrial wastes, either solid or liquid. There are certain exemptions from the need for a licence and most individuals, for example those disposing of their personal garden waste, would normally be exempted.
To hold a licence, applicants must demonstrate to the authority that they are a "fit and proper person". Some applicants, for example those wishing to run a new site, may also have to demonstrate "technical competence" by holding a Waste Management Industry Training and Advisory Board (WAMITAB) certificate.
Section 34 of the Act imposes a new Duty of Care on persons who produce, import, carry, keep, treat or dispose of controlled wastes. Those subject to the Duty of Care must seek to:
- prevent the escape of waste
- ensure waste is only transferred to an "authorised person" or to a person for "authorised transport purposes" as described in the Act
- ensure, during transfer of waste, that a written description of the waste, sufficient to avoid committing an offence under the Act, accompanies the waste
- prevent persons disposing of, treating or storing controlled waste either without a licence, in breach of a licence condition or in a manner likely to cause pollution or harm to health.
The Act also sets out the duties of Waste Regulation Authorities and Waste Collection Authorities. Under the Act, Waste Regulation Authorities are required to produce a Waste Management Plan and Waste Collection Authorities a Waste Recycling Plan.