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STATUTORY INSTRUMENTS
1991No. 2839
ENVIRONMENTAL PROTECTION
The Environmental Protection (Duty of Care)
Regulations 1991
Made
16th December 1991
Laid before Parliament
17th December 1991
Coming into force
1st April 1992
The Secretary of State for the Environment as respects England, the
Secretary of State for Wales as respects Wales and the Secretary of
State for Scotland as respects Scotland, in exercise of the powers
conferred on them by section 34(5) of the Environmental Protection Act
1990[1]
and of all other powers enabling them in that behalf, hereby make the
following Regulations:
Citation, commencement and
interpretation 1. -
(1) These
Regulations may be cited as the Environmental Protection (Duty of Care)
Regulations 1991 and shall come into force on 1st April
1992.
(2) In these
Regulations-
"the 1990 Act" means the Environmental Protection Act 1990;
"transferor" and "transferee" mean respectively, in relation to a
transfer of controlled waste by a person who is subject to the duty
imposed by section 34(1) of the 1990 Act, the person who in compliance
with that section transfers a written description of the waste and the
person who receives that description.
Transfer
notes 2. -
(1) The
transferor and the transferee shall, at the same time as the written
description of the waste is transferred, ensure that such a document as
is described in paragraph (2) ("a transfer note") is completed and
signed on their behalf.
(2) A
transfer note shall-
(a) identify the waste to which it relates and state-
(i) its quantity and whether on transfer it is loose
or in a container;
(ii) if in a container, the kind of container; and
(iii) the time and place of transfer;
(b) give the name and address of the transferor and the
transferee;
(c) state whether or not the transferor is the producer
or importer of the waste and, if so, which;
(d) if the transfer is to a person for authorised
transport purposes, specify which of those purposes; and
(e) state as respects the transferor and the transferee
which, if any, of the categories of person shown in column 1 of the
following Table describes him and provide any relevant additional
information specified in column 2 of the Table. TABLE
Category of person
Additional information
An authority which is a waste collection authority for the
purposes of Part II of the 1990 Act.
A person who is the holder of a waste management licence
under section 35 of the 1990 Act or of a disposal licence under
section 5 of the Control of Pollution Act 1974[2].
If the waste is to be kept, treated or disposed of by that
person, the relevant licence number and the name of the
licensing authority.
A person to whom section 33(1) of the 1990 Act does not
apply by virtue of regulations under subsection (3) of that
section.
A person registered as a carrier of controlled waste under
section 2 of the Control of Pollution (Amendment) Act
1989[3].
The name of the waste regulation authority with whom he is
registered and his registration number.
A person who is not required to be so registered by virtue
of regulations under section 1(3) of that Act.
A waste disposal authority in
Scotland.
Duty to keep copies of written descriptions of waste and transfer
notes 3. The
transferor and the transferee shall each keep the written description of
the waste and the transfer note or copies thereof for a period of two
years from the transfer of the controlled waste.
Duty to furnish
documents 4. A
person who has been served by a waste regulation authority with a notice
in writing specifying or describing any document and requiring its
production shall, if the document is one which at that time he is under
a duty to keep under regulation 3, furnish the authority with a copy of
it at the authority's office specified in the notice and within the
period (not being less than 7 days) so specified.
Michael Heseltine
Secretary of State for the
Environment
16th December 1991
David
Hunt
Secretary of State for Wales
13th December
1991
James Douglas-Hamilton
Parliamentary Under
Secretary of State, Scottish Office
Section 34(1) of the Environmental Protection Act 1990 imposes a
duty of care on any person who imports, produces, carries, keeps, treats
or disposes of controlled waste or, as a broker, has control of such
waste. The duty requires such persons to ensure that there is no
unauthorised or harmful deposit, treatment or disposal of the waste, to
prevent the escape of the waste from their control or that of any other
person, and on the transfer of the waste to ensure that the transfer is
only to an authorised person or to a person for authorised transport
purposes and that a written description of the waste is also
transferred.
These Regulations impose requirements under section 34(5) of the
1990 Act on any person who is subject to the duty of care as respects
the making and retention of documents and the furnishing of copies of
them.
Breach of the duty of care or of these Regulations is a criminal
offence. The duty of care and these Regulations do not apply to an
occupier of domestic property as respects the household waste produced
on the property.
Regulation 2 requires the transferor and the transferee to complete
and sign a transfer note at the same time as the written description of
the waste is transferred. The transfer note must identify the waste in
question and state its quantity, how it is stored, the time and place of
transfer, the name and address of the transferor and the transferee,
whether the transferor is the producer or importer of the waste, which
(if any) authorised transport purpose applies, in which category of
person the transferor and the transferee are and certain additional
information.
Regulation 3 requires the transferor and the transferee to keep the
written description of the waste and the transfer note or copies of them
for two years from the transfer.
Regulation 4 imposes a duty on a person who is under a duty to keep
any document by virtue of regulation 3 to furnish a copy of that
document to a waste regulation authority if he is required to do so by
the authority.
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