Defined in Part II of the Environmental Protection act (s 75(4)) to mean household, industrial and commercial waste or any such waste.
However, this definition was amended to reflect the revised European Waste Framework Directive (2008/98/EC) which defines waste as 'any substance or object which the producer or the person in possession of it, discards or intends or is required to discard'. Consequently waste is more commonly referred to as 'Directive Waste' of which Controlled Waste is regarded as a subset.
Defined in Part II of the Environmental Protection Act (s 75(4)) to mean household, industrial and commercial waste or any such waste.
However, this definition was amended to reflect the revised European Waste Framework Directive (2008/98/EC) which defines waste as 'any substance or object which the producer or the person in possession of it, discards or intends or is required to discard'. Consequently waste is more commonly referred to as 'Directive Waste' of which Controlled Waste is regarded as a subset.
Environmental issues in new leases—landlord’s checklist Environmental reports • Are there any existing environmental reports? Are they suitable for disclosing to the tenant? Can a reliance letter be produced by the consultant(s) at no charge? • If there are any potential liability concerns, will any further investigations, insurance or contractual protections be required? • If the tenant could cause pollution, should a baseline phase 2 report be obtained before the commencement of the term? Who should pay? Can a deed of appointment be agreed rather than using the consultant’s terms of business? For more information, see: • Reliance agreement • Environmental risks and liabilities—overview • Environmental insurance—overview • Environmental investigations—intrusive site investigations • Environmental consultant’s appointment Who is responsible for contaminated land liabilities? • Add tenant environmental covenants with an indemnity if the tenant’s activities involve potential polluting activities • If the lease term is over 21 years, add the sold with information test and other environmental liability transfer clauses • Add a landlord protection clause if the tenant is.
This Practice Note covers the prohibition on the unauthorised or harmful deposit, treatment or disposal of waste under section 33 of the Environmental Protection Act 1990 (EPA 1990) in England and Wales only.EPA 1990, s 33 is one of the most prosecuted environmental offences ranging from small-scale fly-tipping to large scale waste disposal without a permit. It imposes strict liability in respect of the ‘deposit’ of controlled waste, but requires knowledge in respect of ‘knowingly causing or knowingly permitting’ controlled waste to be deposited.The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 also contain offences for not holding an environmental permit, breaching permit conditions or failing to comply with an enforcement notice, see: Environmental permits and exemptions—overview and Practice Note: Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations.Scope of the offence under EPA 1990, s 33The offence(s)Subject to certain exclusions, it is an offence for a person to:•deposit controlled waste or extractive waste or knowingly cause or knowingly permit controlled waste or extractive waste.
Environment cases tracker 2019 [Archived] ARCHIVED: This Environment cases tracker has been archived and is not maintained. This Environment cases tracker tool displays key decisions and appeal updates of interest to Environment lawyers from 1 January 2019. The tracker is divided into: • the Upper Tribunal • the High Court of England and Wales • the Court of Appeal • the UK Supreme Court • the Judicial Committee of the Privy Council • the General Court of the European Union • the Court of Justice of the European Union Judgments and appeal updates can be found in the court where the most recent judgment was handed down. Cases are displayed in reverse chronological order with the most recent first. For information on key decisions and appeal updates of cases where judgment was handed down in 2020, see: Environment cases tracker 2020. For information on previous key decisions and appeal updates, see: • Environment cases tracker 2018 [Archived] • Environment cases tracker 2017 [Archived] • Environment.
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