1.1 Prior to 1 May 1994 when the provisions of the 1990 Act were brought into operation, waste management licences were granted and controlled under the terms of the Control of Pollution Act 1974 (the 1974 Act). Part II of the 1990 Act replaced and updated those provisions, and included among other things, a tighter control over the fitness of those who manage waste disposal and recovery sites, and a requirement for site operators to take long term care of any site where they dispose of or recover waste. The Waste Management Licensing Regulations 1994 , as subsequently amended, also take account of European measures on waste regulation, including a new definition of waste which is common throughout Europe (see paragraphs 1.4-1.6 below).

1.2 The main features of the new provisions are:-

the introduction of a duty of care on all persons concerned with controlled waste;
applicants for, and holders of, licences are subject to a test of whether they are "fit and proper persons" in terms of convictions for environmental offences, technical competence and in financial ability to meet the requirements of the licence;
licences may only be surrendered when the Agency accepts that no pollution of the environment or harm to human health is likely to be caused by the use of the land to recover or dispose of waste;
a scheme of fees and charges in line with the "polluter pays" principle; and
increased penalties for contravening waste disposal and recovery laws.

Environmental Protection Act 1990 Part II - Waste Management Licences - The Appeal Procedure Guidance

Appendix 1

Environmental Protection Aact 1990 Waste Management Provisions

Part 1

Environmental Protection Aact 1990
Waste Management Provisions