The Environmental Protection Act 1990 (Amendment Of Section 57) (England And Wales) Regulations 2005, SI No. 3026 were laid before Parliament on 1st November and came into force on 22nd November.

The Regulations widen the scope of the power of direction in section 57 of the Environmental Protection Act 1990, from the holders of waste management licences to the holders of permits under the Pollution Prevention and Control (England and Wales) Regulations 2000 which authorise the disposal or recovery of waste. This includes landfills, waste incinerators and some cement kilns.

Section 57 includes a power on the Secretary of State to be able, by notice in writing, to direct the holder of any waste management licence to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms.

The amendments to the section 57 power of direction are required because currently the power may only be applied to holders of waste management licences, and only applies to controlled waste. As all landfills and most other major waste activities are now regulated under PPC, the power needs to be extended.

Source: www.opsi.gov.uk (accessed 16/12/05)

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