UK Act of Parliament 1989 United Kingdom

Control of Pollution (Amendment) Act 1989

What this means for your business

4 obligations
4 penalties
1 guides
Enforced by
Environment Agency
Applies to
United Kingdom
On this page
4 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

4 compliance obligations under this legislation.

Offences and prohibitions 4

Fail to produce authority for transporting controlled waste

Unlimited fine

If you transport controlled waste and an authorised officer or police constable asks you to show the authority you have to transport that waste, you must produce it immediately, at the prescribed place, or send it within the required time. Deliberately obstructing the officer or failing to provide the authority without a reasonable excuse is a criminal offence, punishable by an unlimited fine on summary conviction.

Any Person s.5 Environment Agency

Fail to provide required information or give false information

Unlimited fine

If your business does not supply information that waste‑regulation rules ask for, or you knowingly give false or misleading details, you commit a criminal offence. The offence can also attach to anyone whose actions cause another person to breach the rule, and a company can be held liable for the acts of its directors or managers. On conviction you face an unlimited fine, dealt with in the Magistrates' Court.

Any Person s.7 Environment Agency

Obstruct officer seizing vehicle used for illegal waste disposal

Unlimited fine

If you deliberately block or interfere with a constable or authorised officer who is trying to stop and seize a vehicle that is being used for illegal waste disposal, you commit a criminal offence. Conviction in the Magistrates' Court can result in an unlimited fine (level 5 on the standard scale).

Any Person s.6 Environment Agency

Transport controlled waste without being a registered carrier

Unlimited fine

If your business moves any controlled waste for profit and you are not a registered carrier, you are committing an offence. This applies to transporting waste to or from any location in Great Britain, unless one of the specific exemptions in the section applies. On conviction in the magistrates’ court you face an unlimited fine.

Any Person s.1 Environment Agency

Penalties for non-compliance

4 penalties under this legislation. 4 carry an unlimited fine.

Unlimited fine

Fail to produce authority for transporting controlled waste

Unlimited fine

Summary only s.5 Penalises: Fail to produce authority for transporting controlled waste
Unlimited fine

Fail to provide required information or give false information

Unlimited fine

Summary only s.7 Penalises: Fail to provide required information or give false …
Unlimited fine

Obstruct officer seizing vehicle used for illegal waste disposal

Unlimited fine

Summary only s.6 Penalises: Obstruct officer seizing vehicle used for illegal waste …
Unlimited fine

Transport controlled waste without being a registered carrier

Unlimited fine

Summary only s.1 Penalises: Transport controlled waste without being a registered carrier

Practical guidance

Our guides explain how to comply with the requirements above.

Registering as a waste carrier

How to register as a waste carrier, broker or dealer. Covers upper tier and lower tier registration, fees, exemptions, and …

Sections and provisions

15 classified provisions from this legislation.

1 Duties 5 Offences and penalties 3 Powers 1 Definitions 2 Exemptions

Duties 1

  • s.4 Appeals against refusal of registration etc. a disposal authority regulation …

Offences and penalties 5

  • s.1 Offence of transporting controlled waste without registering.
  • s.5 Duty to produce authority to transport controlled waste.
  • s.5C Use of fixed penalties under section 5B
  • s.6 Seizure and disposal of vehicles used for illegal waste disposal.
  • s.7 Further enforcement provisions.

Powers 3

  • s.2 Registration of carriers.
  • s.5A Seizure of vehicles etc : supplementary
  • s.5B Fixed penalty notices for offences under section 5

Definitions 1

  • s.9 Interpretation.

Exemptions 2

  • s.3 Restrictions on power under section 2.
  • s.10A Application to the Isles of Scilly.