Meaning of 'fit and proper person' EPA 1990 s.74
Defines fit and proper person for waste licence: no relevant convictions, technical competence, financial standing. EPA 1990 s.74.
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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 the criteria that the Environment Agency must use to decide if a person is 'fit and proper' to hold a waste management licence under Part II of the EPA 1990. The three criteria are: no relevant criminal convictions, technical competence in waste operations, and sufficient financial standing to meet the licence obligations. If an applicant or licence holder fails any of these, the agency may refuse, revoke, or suspend the licence.
When it applies
- A company applies for a waste transfer station licence but its director has a recent conviction for illegal dumping.
- A haulier wants to renew his waste carrier registration but cannot demonstrate any formal training in waste handling.
- A landfill operator goes bankrupt; the agency reviews whether he remains fit and proper.
- A new waste treatment plant applicant submits a business plan showing insufficient funds for closure and aftercare costs.
What this section does not say
- Whether the person is generally of good moral character outside the specific criteria.
- Whether the person is physically able to handle waste.
- Whether the person owns or leases the land where waste is stored.
- Whether a householder who produces domestic waste is fit and proper.
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This page reproduces the text of EPA 1990 s. 74 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.