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38. Depositing or storing samples of waste, including samples of waste which is hazardous waste, at any place where they are being or are to be tested or analysed, if the samples do not exceed 10 tonnes and are taken—
(a)in the exercise of any power under—
(i)the Radioactive Substances Act 1993 M1,
(ii)the Control of Pollution Act 1974 M2,
(iii)the 1990 Act,
(iv)the 1991 Act, or
(v)the Water Industry Act 1991 M3;
(b)by or on behalf of the holder of an environmental permit;
(c)by or on behalf of a person carrying on in relation to the waste—
(i)an operation described in this Part, or
(ii)an excluded waste operation;
(d)by or on behalf of the owner or occupier of the land from which the samples are taken;
(e)by or on behalf of any person to whom section 34(1) of the 1990 Act M4 applies in connection with his duties under that section; or
(f)for the purposes of research.
Marginal Citations
M4Section 34(1) was amended by S.I. 2000/1973 and is amended by these Regulations.
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