Limits on IPC authorisation conditions EPA 1990 s. 28
Section 28 prevents Part I authorisations from regulating land waste disposal and yields to radioactive permits under S.I. 2016/1154 when conditions conflict.
No condition shall at any time be attached to an authorisation so as to regulate the final disposal by deposit in or on land of controlled waste (within the meaning of Part II), nor shall any condition apply to such a disposal; . . . Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Part and by an environmental permit granted under the Environmental Permitting (England and Wales) Regulations 2016 ( S.I. 2016/1154 ) in relation to a radioactive substances activity within the meaning of those Regulations , then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Part and a condition attached to the environmental permit , the condition imposed by the authorisation under this Part shall be treated as not binding the person carrying on the process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision restricts what conditions enforcing authorities can put into a Part I authorisation. An authorisation under Part I cannot contain conditions regulating the final disposal of controlled waste by deposit in or on land.
It also resolves conflicts between different environmental control regimes. If an activity is regulated both by a Part I authorisation and by an environmental permit for radioactive substances under S.I. 2016/1154, any conflicting authorisation condition does not bind the operator regarding that matter.
When it applies
- An enforcing authority attempts to insert conditions into a Part I authorisation governing how waste is finally deposited on land.
- A process operator receives conflicting instructions from a Part I authorisation and a radioactive substances environmental permit under S.I. 2016/1154.
- An operator needs to verify which permit condition takes precedence when radioactive waste rules conflict with general process controls.
What this section does not say
- General prohibitions on dumping or unauthorised deposit of waste, which fall under epa1990s.33.
- The statutory duty of care for managing waste, which is set out in epa1990s.34.
- Definitions of prescribed processes and substances, which are found in epa1990s.2.
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This page reproduces the text of EPA 1990 s. 28 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.