Power to direct waste acceptance etc. – EPA 1990 s. 57
EPA 1990 s. 57 gives Secretary of State and Welsh Ministers power to direct waste handling; compliance with a direction is a defence to other waste offences.
The Secretary of State may, by notice in writing, direct the holder of any environmental permit authorising a waste operation to accept and keep, or accept and treat or dispose of, waste at specified places on specified terms. The Secretary of State may, by notice in writing, direct any person who is keeping waste on any land to deliver the waste to a specified person on specified terms .... The appropriate Minister may, by notice in writing— direct a registered waste carrier to collect waste which is being kept on specified land and deliver it to a specified person on specified terms; direct any person who— is keeping waste on any land, or owns or occupies land on which waste is being kept, to facilitate collection of the waste by a specified registered waste carrier to whom a direction in respect of the waste is given under paragraph (a). A direction under this section may impose a requirement as respects waste of any specified kind or as respects any specified consignment of waste. A direction under subsection (2) above may require the person who is directed to deliver the waste to pay to the specified person his reasonable costs in relation to the waste. A direction under subsection (2A)(b) may require the person to whom it is given— to pay to the specified registered waste carrier the reasonable costs of collecting and delivering the waste; to pay to the specified person to whom the waste is delivered (“ P ”) the reasonable costs incurred by P in relation to the waste (including any costs P is required by a direction under this section to pay to another person). A person who fails, without reasonable excuse, to comply with a direction under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. A person shall not be guilty of an offence under any other enactment prescribed by the Secretary of State by regulations made for the purposes of this subsection by reason only of anything necessarily done or omitted in order to comply with a direction under this section. The Secretary of State may pay any costs mentioned in subsection (4). The appropriate Minister may pay any costs mentioned in subsection (4A). In this section— “ appropriate Minister ” means— the Secretary of State, in relation to waste being kept on land in England, and the Welsh Ministers, in relation to waste being kept on land in Wales; “ registered waste carrier ” means a person registered under the Control of Pollution (Amendment) Act 1989 as a carrier of controlled waste; “ specified ” means specified in a direction under this section; and “waste” means anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive , as read with Articles 5 and 6 of that Directive, including anything excluded from the scope of that Directive by Article 2(1)(f) or 2(2)(b) or (c), but not including anything excluded by the remainder of that Article
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 allows the Secretary of State (in England) or the Welsh Ministers (in Wales) to issue written directions to people involved with waste. They can order a holder of an environmental permit for a waste operation to accept, keep, treat, or dispose of waste at specified places on specified terms. They can also order anyone keeping waste on land to deliver it to a specified person, or order a registered waste carrier to collect waste from specified land and deliver it. A landowner or occupier can be directed to help the carrier collect the waste.
A direction can require the person delivering or facilitating collection to pay reasonable costs. Anyone who fails to comply without reasonable excuse commits a summary offence and can be fined up to level 5 on the standard scale. However, if you do something necessary to comply with a direction, you are not guilty of any other offence that the Secretary of State has listed in regulations. The word 'waste' here has a broad meaning, covering almost anything that is waste under EU law, including some materials that would otherwise be excluded.
When it applies
- The Secretary of State directs a landfill operator to accept and dispose of hazardous waste from a contaminated site, setting the price per tonne and delivery schedule.
- A farmer is keeping scrap metal on his land; the Welsh Ministers direct him to deliver it to a specified recycling facility at his own cost.
- A registered waste carrier receives a direction to collect fly-tipped rubbish from a public footpath and deliver it to a treatment plant.
- A landowner is directed to allow a waste carrier onto her property so the carrier can collect waste that her tenant has been storing.
- The Environment Agency issues a direction to a permit holder requiring them to accept a specific consignment of clinical waste for incineration.
What this section does not say
- This section does not give the Secretary of State power to direct householders to sort their recycling or use particular bins – that is dealt with under other provisions (e.g. s.46 on collection arrangements).
- It does not apply to Scotland; the equivalent power for Scotland is in section 58 of the same Act.
- The section does not cover the removal of waste that has been unlawfully deposited – that is covered by section 59.
- It does not allow a direction to be given to waste disposal authorities regarding their general duties – those are set out in sections 51 and 48.
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This page reproduces the text of EPA 1990 s. 57 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.