Environment Act 1995 (c. 25)

Part V U.K. Miscellaneous, General and Supplemental Provisions

[F1 Powers of Entry][F1 Enforcement] E+W+S

Textual Amendments

F1 S. 108 cross-heading substituted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 2

[F2 109N. Interpretation E+W

(1) In sections 109A to 109M and this section—

• “appropriate agency” means the Agency or the Natural Resources Body for Wales;

• “authorised person” means a person who is authorised by the appropriate agency under section 108;

• “the Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);

• “exempt facility” has the meaning given in regulation 5 of the Environmental Permitting Regulations;

• “occupier”, in relation to premises, includes a person who habitually lives on the premises;

• “owner”, in relation to premises consisting of land, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let;

• “premises” means premises in England or Wales, and includes any land, vehicle, vessel or mobile plant;

• “regulated facility” has the meaning given in regulation 8 of the Environmental Permitting Regulations;

• “restriction notice” has the meaning given by section 109A(3);

• “restriction order” has the meaning given by section 109D(7);

• “waste” has the same meaning as in section 75 of the Environmental Protection Act 1990.

(2) In calculating for the purposes of sections 109A(5), 109D(2) and 109E(4) when a period of 72 hours or 7 days ends, the following days are to be disregarded—

(a) Good Friday;

(b) Christmas Day;

(c) a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.]

Textual Amendments

F2 Ss. 109A-109N inserted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 3 (with reg. 4(1))