Paragraph 1

(1)

The location of a landfill must take into consideration requirements relating to—

(a)

the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites;

(b)

the existence of groundwater, coastal water or nature protection zones in the area;

(c)

the geological or hydrogeological conditions in the area;

(d)

the risk of flooding, subsidence, landslides or avalanches on the site; and

(e)

the protection of the natural or cultural heritage in the area.

(2)

A landfill permit may be issued for the landfill only if—

(a)

the characteristics of the site with respect to the requirements in sub-paragraph (1); or

(b)

the corrective measures to be taken,

indicate that the landfill does not pose a serious environmental risk.

(3)

In this paragraph “nature protection zone” means a site of special scientific interest within the meaning of section 52 of the Wildlife and Countryside Act 1981^f1 or a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994^f2.

Annotations

Footnotes

f1: 1991 c. 69; inserted by paragraph 5 of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37).
f2: See S.I. 1994/2716; relevant amendments were made by S.I. 2000/192.