Offences for non-controlled waste EPA 1990 s. 63
EPA 1990 s. 63 extends regulations and criminal penalties under section 33 to certain non-controlled waste if depositing it would make it special waste.
The Secretary of State may, after consultation with such bodies as he considers appropriate, make regulations providing that prescribed provisions of this Part shall have effect in a prescribed area— as if references in those provisions to controlled waste or controlled waste of a kind specified in the regulations included references to such waste as is mentioned in section 75(7)(c) below which is of a kind so specified; and with such modifications as may be prescribed; and the regulations may make such modifications of other enactments as the Secretary of State considers appropriate. A person who deposits, or knowingly causes or knowingly permits the deposit of, any waste— which is not controlled waste, but which, if it were controlled waste, would be special waste, in a case where he would be guilty of an offence under section 33 above if the waste were special waste and any waste management licence were not in force, shall, subject to subsection (3) below, be guilty of that offence and punishable as if the waste were special waste. No offence is committed by virtue of subsection (2) above if the act charged was done under and in accordance with any consent, licence, approval or authority granted under any enactment (excluding any planning permission under the enactments relating to town and country planning). Section 45(2) and section 47(1) above shall apply to waste other than controlled waste as they apply to controlled waste. In this section, “ enactment ” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
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 63 allows Ministers to make regulations applying controlled waste provisions to non-controlled waste mentioned in section 75(7)(c) within prescribed areas. It permits modifications of other enactments as appropriate to manage these waste streams.
It creates a criminal offence for depositing non-controlled waste that would be special waste if it were controlled waste. Anyone who deposits or knowingly permits such a deposit without a valid authorisation commits an offence under section 33.
Under subsection 3, no offence occurs if the deposit was done under a statutory consent, licence, or authority, excluding planning permission. Sections 45(2) and 47(1) also apply to waste other than controlled waste.
When it applies
- A landholder permits the dumping of hazardous mine tailings on private land without statutory consent.
- An operator deposits non-controlled waste that possesses dangerous properties requiring treatment as special waste.
- A local authority exercises waste duties under section 45(2) or section 47(1) over non-controlled waste.
What this section does not say
- Dumping of standard household waste, which is penalised directly under section 33.
- General definitions of commercial and industrial waste, governed by section 75.
- Deposits made with valid planning permission alone, which subsection 3 explicitly excludes as a defense.
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This page reproduces the text of EPA 1990 s. 63 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.