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Paragraph 2 Duties of competent authorities

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to the following provisions of this paragraph, the competent authorities shall discharge their specified functions, insofar as they relate to the recovery or disposal of waste, with the relevant objectives.

(2)

Nothing in sub-paragraph (1) above requires a planning authority to deal with any matter which the relevant pollution control authority has power to deal with.

(3)

In a case where the recovery or disposal of waste is or forms part of a prescribed processdesignated for local control under Part I of the 1990 Act, and either requires a waste management licence or is covered by an exemption conferred by regulation 17(1) of, and Schedule 3 to, these Regulations, nothing in sub-paragraph (1) above shall require a competent authority to discharge its functions under—

(a)

Part I of the 1990 Act in order to control pollution of the environment due to the releaseof substances into any environmental medium other than the air; or

(b)

Part II of the 1990 Act in order to control pollution of the environment due to the release of substances into the air resulting from the carrying on of the prescribed process.

(4)

In sub-paragraph (3) above, “prescribed process”, “designated for local control”, “pollution of the environment due to the release of substances into the air” and “pollution of the environment due to the release of substances into any environmental medium other than the air”have the meaning which they have in Part I of the 1990 Actf1.

Annotations

Footnotes

f1

See section 2(4) for the meaning of “designated for local control”, and section 1 for the meaning of the other phrases.