The Environmental Permitting (England and Wales) Regulations 2016

Depositing samples of waste for the purposes of testing or analysing them (D5) E+W

5.—(1) The deposit and subsequent storage of relevant samples of waste at any place where the samples are being or are to be tested or analysed.

(2) For the purposes of sub-paragraph (1), “relevant samples of waste” means samples of waste that are taken—

(a) in the exercise of any power under—

(i) the Control of Pollution Act 1974 M1 ;

(ii) section 5 of the Control of Pollution (Amendment) Act 1989 M2 ;

(iii) the 1990 Act;

(iv) the 1991 Act;

(v) the Water Industry Act 1991 M3 ;

(vi) the Waste Electrical and Electronic Equipment Regulations 2013 M4 ;

(vii) the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M5 ;

(viii) regulation 88 of the Waste Batteries and Accumulators Regulations 2009 M6 ,

(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) or (1A) of the 1990 Act M7 applies in connection with that person's duties under that section,

(f) by or on behalf of any person to whom the Transfrontier Shipment of Waste Regulations 2007 M8 apply in connection with that person's powers under those Regulations, or

(g) for the purposes of research.

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste deposited or stored at any one time does not exceed 10 tonnes, and

(b) the waste is not stored for longer than 12 months or such other period as may be ordered in court proceedings.

Marginal Citations

M1 1974 c. 40.

M2 1989 c. 14; section 5 was substituted, together with section 5A, by section 37 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).

M3 1991 c. 56.

M4 S.I. 2013/3113, amended by S.I. 2014/1771, 2015/1968 and 2016/738.

M5 S.I. 2007/871, amended by S.I. 2007/3538, 2008/1941, 2010/675, 1159, 1820 (W. 177), 2849, 2011/988, 1043, 2012/3082, 2013/755 (W. 90), 1821, 1857, 2014/2890, 2016/241, 696, and 738.

M6 S.I. 2009/890, to which there are amendments not relevant to these Regulations.

M7 Section 34(1) was amended by S.I. 2000/1973, 2007/3528, 2010/675 and 2011/988. Section 34(1A) was inserted by S.I. 2009/1799 and amended by S.I. 2010/675.

M8 S.I. 2007/1711, amended by S.I. 2007/3538, 2008/9, 2010/265, 675, 1159, 2011/988, 1043 and 2014/861.