Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Controlled waste definition

What does Controlled waste mean? In practice, controlled waste refers to the mainstream waste streams regulated for collection, transport, treatment and disposal: household, industrial and commercial waste. It is a statutory term in the UK, defined in the Environmental Protection Act 1990, section 75(4), and in Northern Ireland by the Waste and Contaminated Land (Northern Ireland) Order 1997. The classification is central to waste regulation, triggering the section 34 duty of care, waste carrier/broker registration, waste transfer notes, and the requirement for an environmental permit (or equivalent authorisation) to deposit, keep, treat or dispose of such waste. Hazardous (Scotland: special) waste is a subset...

EPA 1990 s 33 (England and Wales): unauthorised or harmful waste operations—scope, definitions, defences, enforcement and sentencing

Published by a LexisNexis Corporate Crime expert

Practice notes

Practice Note

This Practice Note outlines the ban on unlicensed or damaging depositing, treating or discarding of waste under section 33 of the Environmental Protection Act 1990 (EPA 1990) for England and Wales alone. For guidance on how the offence operates in Scotland, refer to Practice Notes: Key environmental offences in Scotland, Scottish Environment Protection Agency—powers to investigate environmental crimes, and Sentencing environmental offences in Scotland. EPA 1990, s 33 is among the most frequently prosecuted environmental crimes, spanning incidents from minor fly-tipping to extensive waste disposal undertaken without a permit. It creates strict liability for the ‘deposit’ of Controlled waste, yet demands knowledge where a person is ‘knowingly causing or knowingly permitting’ the deposit of controlled waste. The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 likewise create offences for operating without an environmental permit, contravening permit conditions, or not complying with an Enforcement notice; see: Environmental permits and exemptions—overview and Practice Note: Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations...

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Web page updated on 21/05/2026

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