Q&As

Can an appellant recover costs from the Environment Agency following a successful appeal against a waste removal notice under section 59ZB of the Environmental Protection Act 1990?

read titleRead full title
Published on LexisPSL on 18/01/2019

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Can an appellant recover costs from the Environment Agency following a successful appeal against a waste removal notice under section 59ZB of the Environmental Protection Act 1990?
  • Waste removal notice
  • Appeals to magistrates’ courts
  • Recovery of costs

Waste removal notice

Under section 59ZB(2) of the Environmental Protection Act 1990 (EPA 1990), the Environment Agency (EA), Natural Resources Wales (NRW) and local authorities (LAs) have the power to issue a notice in respect of waste which is unlawfully kept or disposed of in or on land within the authority's area which requires the removal of the waste and/or to take the steps specified in the notice to eliminate or reduce the consequences of the unlawful keeping or disposal. Note that a removal notice cannot be served in relation to household waste from a domestic property which is kept or disposed of within the boundary of that property by a person other than an establishment or undertaking (ie not running a business or organisation).

This power applies where any controlled waste or extractive waste is kept or disposed of in or on any land in breach of EPA

Related documents:

Popular documents