[59ZB Powers to require removal of waste unlawfully kept or disposed of: England and Wales]
Environmental Protection Act 1990 (1990 c 43) | Legislation

[59ZB  Powers to require removal of waste unlawfully kept or disposed of: England and Wales]

[(1)     Subsection (2) applies if any controlled waste or extractive waste is kept or disposed of in or on any land in the area of an authority in contravention of section 33(1) or regulation 12 of the Environmental Permitting Regulations.

(2)     The authority may, by notice served on the occupier, require the occupier to do one or both of the following—

(a)     remove the waste from the land within a specified period of not less than 21 days beginning with the service of the notice;

(b)     take within such a period specified steps with a view to eliminating or reducing the consequences of the keeping or disposal of the waste.

(3)     A person on whom a requirement is imposed under subsection (2) may, within 21 days beginning with the service of the notice, appeal against the requirement to a magistrates' court.

(4)     On any appeal under subsection (3), the court must quash the requirement if it is satisfied that—

(a)     the appellant

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Repudiation

RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the core of the contract and the options or remedies available to an innocent party as a result of the other party’s repudiation, which include

LEXISNEXIS

The tort of deceit

The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they

LEXISNEXIS

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international

LEXISNEXIS

Facilitation payments under the Bribery Act 2010

Facilitation payments under the Bribery Act 2010Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty,