Extends Part II waste to litter and refuse: EPA 1990 s. 96
Allows regulations to treat litter and refuse collected under s.89(1), s.92(9), s.92C(3), or s.93 as controlled waste under Part II of EPA 1990.
This section applies to litter and refuse collected— by any authority or person in pursuance of section 89(1) above; by a principal litter authority in pursuance of section 92(9) or 92C(3) above; or by any person in pursuance of section 93 above. The Secretary of State may make regulations providing that prescribed provisions of Part II shall have effect, with such modifications (if any) as may be prescribed— as if references to controlled waste or controlled waste of a prescribed description included references to litter and refuse to which this section applies or any description of such litter and refuse; as if references to controlled waste or controlled waste of a prescribed description collected under section 45 above included references to litter and refuse collected as mentioned in subsection (1) above or any description of such litter and refuse. The powers conferred by this section are exercisable in relation to litter and refuse to which it applies whether or not the circumstances are such that the litter or refuse would be treated as controlled waste apart from this section and this section is not to affect the interpretation of the expressions defined in section 75 above.
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 gives the Secretary of State the power to make regulations that bring litter and refuse collected under certain provisions into the controlled waste regime of Part II of the Environmental Protection Act 1990. The litter and refuse must be collected by an authority or person under section 89(1) (duty to keep land clear), a principal litter authority under section 92(9) or 92C(3) (proceedings and clearing notices), or any person under section 93 (street litter control notices).
The regulations can modify the provisions of Part II as needed, so that references to controlled waste (or a specific description of it) include the litter and refuse covered by this section. This applies even if the litter or refuse would not otherwise be considered controlled waste, and it does not change the definitions in section 75.
When it applies
- A local authority collects litter from a street after issuing a street litter control notice under section 93.
- A principal litter authority collects refuse from a litter control area after a summary proceeding under section 92(9).
- A person collects litter after a failure to comply with a litter clearing notice under section 92C(3).
- The Secretary of State makes regulations that treat such collected litter as controlled waste, imposing waste management duties.
- An authority collects litter under its duty to keep land clear under section 89(1) and then that litter is subject to Part II waste controls via regulations.
What this section does not say
- This section does not itself impose any duty to collect litter; it only enables regulations.
- It does not define what counts as litter or refuse; definitions are in section 98.
- It does not apply to litter that is not collected under one of the specified sections (s.89(1), s.92(9), s.92C(3), or s.93).
- It does not create offences for littering; those are covered by other provisions.
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This page reproduces the text of EPA 1990 s. 96 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.