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Paragraph 9 Modifications of Part II of the Environmental Protection Act 1990

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

(1)

Part II of the 1990 Act shall have effect subject to the following modifications.

(2)

Any reference to waste shall include a reference to Directive waste.

(3)

In sections 33(1)(a) and (5), 54(1)(a), (2), (3) and (4)(d) and 69(2), any reference to the deposit of waste in or on land shall include a reference to any operation listed in Part III or IV of this Schedule involving such a deposit.

(4)

In sections 33(1)(b), 54(1)(b), (2), (3) and (4)(d) and 69(2), any reference to the treatment or disposal, or to the treatment, keeping or disposal, of controlled waste shall be taken to be a reference to submitting controlled waste to any of the operations listed in Part III or IV of this Schedule other than an operation mentioned in sub-paragraph (3) above.

(5)

In sections 33(1)(c) and 35, any reference to the treatment or disposal, or to the treatment, keeping or disposal, of controlled waste shall include a reference to submitting controlled waste to any of the operations listed in Part III or Part IV of this Schedule.

(6)

Section 33(2) shall not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.

(7)

In section 36(3), the reference to planning permission shall be taken to be a reference to planning permission resulting from the taking of a specified action by a planning authority after 30th April 1994.

(8)

In section 50(3), any reference to the disposal of waste shall include a reference to the recovery of waste.