Transfer of licences: EPA 1990 s. 40
EPA 1990 s. 40 allows a waste management licence holder to transfer the licence to another person, subject to regulator consent and procedural requirements.
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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 sets out how a waste management licence can be transferred from one person to another. The holder must apply to the regulator (usually the Environment Agency) for consent to the transfer. The regulator may grant consent subject to conditions, or refuse if the proposed new holder is not a fit and proper person. Once consent is given and the transfer is completed, the new holder becomes the licence holder and assumes all duties and liabilities under the licence, but the original holder may remain liable for pre-transfer breaches.
When it applies
- A waste disposal company sells its entire business to another company and wants to transfer its waste management licence to the buyer.
- An individual landfill operator retires and wishes to transfer the licence to a family member who will continue running the site.
- Two waste management companies merge, and the surviving entity needs to take over the licences formerly held by the absorbed company.
- A licence holder wants to transfer only part of the licensed activities (e.g., one site) to a different operator.
What this section does not say
- This section does not cover the transfer of liability for past environmental damage – the original holder may still be pursued for pre-transfer offences.
- It does not apply to permits under other regimes such as the Pollution Prevention and Control (PPC) regulations or environmental permits for industrial installations.
- It does not deal with the surrender of a licence (section 39) or the revocation of a licence (section 38) – those are separate procedures.
- The section does not allow a transfer without regulator approval – an unauthorised transfer is ineffective and may be an offence.
Related sections
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This page reproduces the text of EPA 1990 s. 40 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.