EPA 1990 s. 77: Transition from 1974 Act
Explains transition of existing disposal licences/plans from COPA 1974 to EPA 1990, and temporary exemption from s.51(1) restriction until vesting date.
This section has effect for the purposes of the transition from the provisions of Part I of the Control of Pollution Act 1974 (“the 1974 Act”) to the corresponding provisions of this Part of this Act and in this section— ... “ existing disposal licence ” means a disposal licence under section 5 of the 1974 Act subsisting on the day appointed under section 164(3) below for the repeal of sections 3 to 10 of the 1974 Act and “ relevant appointed day for licences ” shall be construed accordingly; “ existing disposal plan ” means a plan under section 2 of the 1974 Act subsisting on the day appointed under section 164(3) below for the repeal of that section and “ relevant appointed day for plans ” shall be construed accordingly; “ relevant part of its undertaking ”, in relation to an existing disposal authority, has the same meaning as in section 32 above; and “ the vesting date ”, in relation to an existing disposal authority and its waste disposal contractors, means the vesting date under Schedule 2 to this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any existing disposal plan of an existing disposal authority shall, on and after the relevant appointed day for plans, be treated as the plan of that authority under section 50 above and that section shall accordingly have effect as if references in it to “ the plan ” included the existing disposal plan of that authority. Subsection (4) above applies to Scotland and, for the purposes of that application, “ existing disposal authority ” means any authority constituted as a disposal authority for any area before the day appointed for this section to come into force and “ that authority ” means the waste disposal authority for that area under section 30(2) above. Subject to subsection (7) below, as respects any existing disposal authority— the restriction imposed by section 51(1) of this Act on the means whereby the authority arranges for the disposal of controlled waste shall not apply to the authority— in the case of an authority which transfers the relevant part of its undertaking in accordance with a scheme under Schedule 2 to this Act, until the date which is the vesting date for that authority; and in any other case, until the date on which the authority transfers, or ceases itself to carry on, the relevant part of its undertaking or ceases to provide places at which and plant and equipment by means of which controlled waste can be disposed of or deposited for the purposes of disposal; and on and after that date, section 14(4) of the 1974 Act shall not authorise the authority to arrange for the disposal of controlled waste except by means of arrangements made (in accordance with Part II of Schedule 2 to this Act) with waste disposal contractors. The Secretary of State may, as respects any existing disposal authority, direct that the restriction imposed by section 51(1) above shall not apply in the case of that authority until such date as he specifies in the direction and where he does so paragraph (a) of subsection (6) above shall not apply and paragraph (b) shall be read as referring to the date so specified. In section 14(4) of the 1974 Act, after the words “this subsection”, there shall be inserted the words “but subject to subsection (6) of section 77 of the Environmental Protection Act 1990 as respects any time after the date applicable to the authority under paragraph (a) or (b) of that subsection”. As respects any existing disposal authority, until the date which is, under subsection (6)(a) above, the date until which the restriction imposed by section 51(1) of this Act is disapplied,— the powers conferred on a waste disposal authority by section 55(2)(a) and (b) of this Act as respects the recycling of waste and the use of waste to produce heat or electricity shall be treated as powers which the authority may exercise itself; and the power conferred on a waste disposal authority by section 48(4) of this Act to object to a waste collection authority having waste recycled where the disposal authority has made arrangements with a waste disposal contractor for the contractor to recycle the waste shall be available to the waste disposal authority where it itself has the waste recycled.
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 bridges the old Control of Pollution Act 1974 and the new Part II of the Environmental Protection Act 1990 for waste disposal. It defines an "existing disposal licence" as one granted under the 1974 Act that is still in force when sections 3 to 10 of that Act are repealed, and an "existing disposal plan" as a plan under section 2 of the 1974 Act still in force at that time.
Any existing disposal plan of a waste disposal authority is automatically treated as the authority's plan under section 50 of the 1990 Act. The authority can continue to operate under that plan without needing a new one.
For existing disposal authorities, the restriction in section 51(1) – which normally prevents an authority from arranging waste disposal itself – does not apply until the "vesting date" (if the authority transfers its undertaking under Schedule 2) or until the authority stops running its own disposal operations. After that date, the authority must use waste disposal contractors. The Secretary of State can also set a different date by direction.
Until that date, the authority can itself recycle waste or use it to produce heat or electricity (powers otherwise limited to contractors), and can object to a waste collection authority recycling waste if the disposal authority does the recycling itself.
When it applies
- A waste disposal authority that had a waste management plan under the 1974 Act is told the plan is now treated as its plan under section 50 of the 1990 Act.
- A waste disposal authority that runs its own landfill site must stop doing so on the vesting date and hire private contractors for disposal.
- A private company holding a disposal licence under the 1974 Act continues under the new regime as an existing disposal licence until it expires or is replaced.
- A waste collection authority objects to a disposal authority recycling waste itself, because the disposal authority has not used a contractor.
- The Secretary of State issues a direction postponing the date when section 51(1) applies to a particular authority.
What this section does not say
- It does not set rules for applying for a new waste management licence under the 1990 Act (those are in other sections of Part II).
- It does not create penalties or offences for illegal waste disposal (those are in section 33).
- It does not apply fully to Scotland; only subsection (4) has effect there.
- It does not define what counts as waste or distinguish household, commercial, and industrial waste (that is in section 75).
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 77 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.