Powers to supervise waste licences: EPA 1990 s. 42
EPA 1990 s.42 gives the regulator power to supervise licensed waste sites: entry, inspection, and information requests to check compliance.
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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
Section 42 of the Environmental Protection Act 1990 gives the regulator (the Environment Agency in England, or Natural Resources Wales) the authority to supervise waste management licence holders. This means the regulator can enter the licensed site at any reasonable time, inspect the operations, and ask for records or information. The licence holder must allow access and provide the required information.
If the regulator finds that the licence holder is not complying with the licence conditions, they can take steps to ensure compliance, such as carrying out necessary works. The holder may be required to pay the costs of such works.
This section is part of the waste management licensing regime and works alongside other sections that deal with granting, varying, and revoking licences.
When it applies
- A waste site operator refuses entry to an Environment Agency inspector who wants to check compliance with licence conditions.
- The regulator requests copies of waste transfer notes from a licence holder to verify that waste is being handled correctly.
- After a site inspection, the regulator finds that the licence holder is storing waste in a way that could cause pollution, and orders remedial action.
- The regulator carries out emergency works at a waste site to prevent environmental harm, then sends the bill to the licence holder.
What this section does not say
- This section does not give the regulator power to revoke a licence; that is under s.38.
- It does not set out the procedure for appealing a regulator's decision; that is under s.43.
- It does not specify the conditions of a licence; those are set out in the licence itself and under s.35.
- It does not cover the surrender of a licence; that is under s.39.
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This page reproduces the text of EPA 1990 s. 42 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.