HC Deb 03 April 1996 vol 275 cc232-3W
Ms Estelle Morris

To ask the Secretary of State for the Environment if he will make the enforcement of sections 33 and 34 of the Environmental Protection Act 1990 a matter for local authorities with particular reference to control of fly-tipping. [24178]

Mr. Clappison

No authority is precluded from taking enforcement action under sections 33 or 34 of the Environmental Protection Act 1990 where it has sufficient evidence to do so. However, the Environment Agency is a competent authority for the purposes of the amended EC framework directive on waste; the authority responsible for issuing waste management licences under section 35 of the 1990 Act; and the authority with which exemptions from licensing are registered. In the Department's view, therefore, the Environment Agency is the appropriate authority to take enforcement action where necessary under section 33 of the 1990 Act.

No authority has a specific duty to enforce the duty of care under section 34 of the 1990 Act. However, the effect of regulation 4 of the Environmental Protection (Duty of Care) Regulations 1991 is to require a person on whom the Environment Agency serves a notice to provide a copy of the written description of the waste and of the transfer note which those involved in the transfer of waste are required by regulation 3 to keep. The Department has no plans to amend regulation 4 of the 1991 regulations.