Land occupied by disposal authorities: EPA 1990 s.54
This section sets out special rules for land in Scotland that is occupied by waste disposal authorities, covering their powers and duties regarding that land.
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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 applies only to Scotland. It contains special rules for land that is occupied by a waste disposal authority (for example, a local council that handles waste). It modifies how the general duties and powers of waste authorities under the Environmental Protection Act 1990 apply when the land itself is owned or used by the authority. The exact provisions are not reproduced here, but the section is titled accordingly.
When it applies
- A Scottish council runs a landfill site on land it owns and wants to know if normal waste licensing rules are relaxed.
- A waste authority stores collected waste on its own depot land and is challenged about compliance with environmental regulations.
- A dispute arises over whether a piece of land used by a disposal authority for recycling counts as 'occupied' under this section.
- A developer purchases former council waste land and needs to understand the obligations that remain attached to it.
What this section does not say
- This section does not cover land occupied by private waste companies or individuals.
- It does not apply to waste disposal land in England, Wales, or Northern Ireland.
- It does not set out penalties or fines for non-compliance with waste duties.
- It does not define what counts as 'controlled waste' – that is dealt with in other sections of the Act.
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This page reproduces the text of EPA 1990 s. 54 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.