Penmans Solicitors Offices in Coventry, Kenilworth, Wellesbourne, Warwickshire

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Never a Waste of Time to Seek Advice

1st November 2018

WASTE NOT, WANT NOT

Did you know…

Section 34 Environmental Protection Act 1990 prescribes an offence of failing to adequately dispose of waste.

What does this mean for me?

An individual who fails to properly dispose of waste, could find themselves being summonsed to Court, facing an unlimited fine on conviction.

The legislation reads “it shall be the duty of the occupier of any domestic property…to take all such measures available to him as are reasonable in the circumstances to secure that any transfer of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.” 

So who is an “authorised person”?

An authorised person under the meaning of the Act is anyone who is the holder of a waste management licence, issued by a waste management authority.

What is a waste management licence?

Such licences are issued by waste management authorities. All transfers of waste must be accompanied by a transfer note detailing a written description of the waste.

Some examples of improper disposal of waste are as follows:-

  1. Leaving waste such as unwanted household items on the side of the road, marked “free to collector” or for collection by scrap-metal dealers.
  2. Gifting “waste” such as unwanted household items to persons who do not possess a waste disposal licence.

If you find yourself faced with a summons in relation to fly tipping or a failing to dispose of waste, contact us and we will be happy to help.

shelley.dundee@penmanssolicitors.co.uk 01926 858 222

david.latham@penmanssolicitors.co.uk 024 76 22 6575

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Penmans Office Locations

Coventry

17a Queens Road

Coventry

CV1 3DH

Tel: 024 7622 6575 coventry@penmanssolicitors.co.uk

Kenilworth

30-32 Warwick Road

Kenilworth

CV8 1GW

Tel: 01926 858222 kenilworth@penmanssolicitors.co.uk

Wellesbourne

The Precinct

Wellesbourne

CV35 9NL

Tel: 01789 470022 wellesbourne@penmanssolicitors.co.uk

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