HC Deb 19 December 1990 vol 183 c165W
Mr. Janman

To ask the Secretary of State for the Environment how duty of care responsibilities under the Environmental Protection Act will affect landfill sites currently operating, but with many years' capacity still open to them.

Mr. Baldry

The Environmental Protection Act 1990 contains new measures whereby a licensee may not surrender his licence without the consent of the 'Waste Regulation Authority, and that consent may not be given unless the authority is satisfied that the condition of the land is unlikely to cause pollution of the environment or harm to human health. The licensee will therefore remain responsible for the monitoring of the land and any remedial action necessary until the authority accepts the surrender and issues a certificate of completion The licensee will need to ensure that the resources to enable him to meet these obligations are set aside during the active, revenue-earning, phase of the landfill. Licences already issued under the Control of Pollution Act 1974 will automatically become waste management licences when the relevant sections of the Environmental Protection Act are implemented, and they will be subject to the provisions of the new Act.