Key definitions for waste Part (EPA 1990 s. 29)
Defines key terms for waste regulation: 'pollution of the environment', 'harm', 'recovery', 'disposal', 'treatment', etc. under EPA 1990 s. 29.
The following provisions have effect for the interpretation of this Part. “ Appropriate person ” means— in relation to England, the Secretary of State; in relation to Wales, the National Assembly for Wales. The “environment” consists of all, or any, of the following media, namely land, water and the air. “ Pollution of the environment ” means pollution of the environment due to the release or escape (into any environmental medium) from— the land on which controlled waste or extractive waste is treated, the land on which controlled waste or extractive waste is kept, the land in or on which controlled waste or extractive waste is deposited, fixed plant by means of which controlled waste or extractive waste is treated, kept or disposed of, of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to man or any other living organisms supported by the environment. Subsection (3) above applies in relation to mobile plant by means of which controlled waste or extractive waste is treated or disposed of as it applies to plant on land by means of which controlled waste or extractive waste is treated or disposed of. For the purposes of subsections (3) and (4) above “ harm ” means harm to the health of living organisms or other interference with the ecological systems of which they form part and in the case of man includes offence to any of his senses or harm to his property; and “ harmless ” has a corresponding meaning. In relation to controlled waste— a reference to the management of such waste is a reference to the collection, transport, recovery and disposal of such waste and includes— the supervision of such operations; the after-care of disposal sites; and actions taken as a broker or dealer; “collection” means the gathering of such waste, including the preliminary sorting and preliminary storage of such waste for the purposes of transport to a waste treatment facility; and “separate collection” means that waste is presented for collection, and collected, in a manner that ensures that— dry recyclable waste is kept separate from other waste; waste from one dry waste stream is kept separate from waste in another such stream; and food waste is kept separate from other waste; “recovery” refers to any of the operations listed in Part III of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011, and any other operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in a plant or in the wider economy, and cognate expressions shall be construed accordingly. The “disposal” of waste includes its disposal by way of deposit in or on land has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011 and, subject to subsection (7) below, waste is “treated” when it is subjected to any process, including making it re-usable or reclaiming substances from it and “recycle” (and cognate expressions) shall be construed accordingly. Regulations made by the Secretary of State may prescribe activities as activities which constitute the treatment of waste for the purposes of this Part or any provision of this Part prescribed in the regulations. “ Land ” includes land covered by waters where the land is above the low water mark of ordinary spring tides and references to land on which controlled waste or extractive waste is treated, kept or deposited are references to the surface of the land (including any structure set into the surface). “ Mobile plant ” means, subject to subsection (10) below, plant which is designed to move or be moved whether on roads or other land. Regulations made by the Secretary of State may prescribe descriptions of plant which are to be treated as being, or as not being, mobile plant for the purposes of this Part. “ Substance ” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour. “ The Environmental Permitting Regulations ” means the Environmental Permitting (England and Wales) Regulations 2016 ( S.I. 2016/1154 ) . The following expressions have the same meaning as in the Environmental Permitting Regulations — “environmental permit”; “exempt waste operation”; “extractive waste”; “mining waste operation”; “the Mining Waste Directive”; “waste operation”.
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 section defines key terms used in Part II of the Environmental Protection Act 1990, which deals with waste. It sets out what counts as 'pollution of the environment' from waste – that is, the release of harmful substances from land or plant where waste is treated, kept or deposited. 'Harm' includes harm to health, interference with ecosystems, and for humans also includes offensive smells or damage to property.
The section also defines the different stages of waste management: 'collection' (including preliminary sorting and storage before transport), 'separate collection' (keeping dry recyclables, different dry waste streams, and food waste apart), 'recovery' (operations that make waste useful), 'disposal' (including deposit on land), and 'treatment' (any process, including making reusable or reclaiming substances). It defines 'mobile plant' as plant designed to move, and 'land' as including ground above the low water mark.
The definitions are crucial because they determine the scope of offences and duties in Part II, such as the prohibition on unauthorised deposit (section 33) and the duty of care (section 34). The section also cross-references to the Environmental Permitting Regulations for terms like 'environmental permit' and 'extractive waste'.
When it applies
- A farmer spreads waste soil on his field – the definition of 'pollution of the environment' determines if the substances released can cause harm.
- A waste carrier collects mixed dry recyclables – 'separate collection' requires keeping dry recyclables separate from other waste and different dry streams apart.
- A manufacturer treats waste chemicals to recover metals – 'recovery' is defined as operations that make waste serve a useful purpose.
- A skip hire company uses a truck-mounted crusher – whether it is 'mobile plant' affects permitting requirements.
- A householder stores old batteries in a shed – the definition of 'pollution of the environment' requires release or escape from land or plant.
What this section does not say
- This section does not define what 'waste' itself means – that is found in the Waste Framework Directive and domestic regulations.
- It does not set out the penalties for illegal waste dumping – those are in section 33.
- It does not list who needs an environmental permit – that is covered by the Environmental Permitting Regulations.
- It does not apply to radioactive waste or mining waste specifically – those have separate definitions.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 29 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.