§ Mr. Simon HughesTo ask the Secretary of State for the Environment what steps he is taking to enforce section 33 of the Environment Protection Act 1990 in relation to releases of ozone-depleting substances; and if he will make a statement.
§ Mr. MacleanMy right hon. and learned Friend the Secretary of State has no executive responsibility for the enforcement of section 33 of the Environmental Protection Act 1990. Waste regulation authorities, as the authorities that will have the duty of granting waste management licences, will be mainly responsible for enforcement, but there is no restriction on who may instigate prosecutions for offences under section 33.
Section 33(1)(c) of the Act, which came into force on 1 April this year, makes it an offence to treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health. Section 34 of the Environmental Protection Act 1990 imposes a duty of care on those holding controlled waste to take reasonable steps to prevent a breach of section 33. Guidance for waste holders on how to discharge this duty 838W was issued in a code of practice published jointly by the Scottish Office, the Welsh Office and my Department in December 1991. The provisions of sections 33 and 34 of the Act are not specific to particular substances, nor is the advice on those sections.
It is intended that section 33, together with the waste management licensing system in the Act, will be brought fully into force on 1 April 1993, and further advice will he issued before then.