In forceAmended2020 Revised Edition

Contents

Environmental Public Health Act 1987 · 2020 Revised Edition · Part 3B · District Pneumatic Waste Conveyance System

31R. Relocation, etc., of pneumatic waste conveyance system

Amended

Last amended by an amending law of 2018.

(1)

Where a pneumatic waste conveyance system has been laid in, on, over, under, along or across any land within a DPWCS area and the owner or occupier of the land desires to use the land in a manner which renders it necessary or convenient that the pneumatic waste conveyance system should be moved, the owner or occupier may request the Agency to move, or cause to be moved, the pneumatic waste conveyance system accordingly.

(2)

The Agency may, at the request of the owner or occupier under subsection (1), relocate the pneumatic waste conveyance system, or cause the pneumatic waste conveyance system to be relocated, if —

(a)

the Agency is satisfied that the relocation is reasonable; and

(b)

the owner or occupier complies with any terms and conditions that the Agency may impose, including terms and conditions relating to the payment by the owner or occupier of all reasonable costs and expenses (including compensation for any loss that may be incurred by the DPWCS licensee) necessary for the relocation.

(3)

Where a pneumatic waste conveyance system has been laid in, on, over, under, upon, along or across any land within a DPWCS area and the pneumatic waste conveyance system is no longer in use by the occupier or any other person for the purposes of conveying or transporting refuse or waste by air suction, the DPWCS licensee may of its own volition or must at the reasonable request of the owner, remove the pneumatic waste conveyance system from the land at its own expense.

(4)

In this section —

“owner” includes any person having a leasehold interest with an unexpired term of at least 7 years;

“pneumatic waste conveyance system” means any part or section of the pneumatic waste conveyance system, other than the related internal assets.

Terms defined in this Act

Agency
Defined · s 2
“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;
Open s 2
DPWCS area
Defined · s 31E
“DPWCS area” means an area declared under section 31G(1);
Open s 31E
DPWCS licensee
Defined · s 31E
“DPWCS licensee” means a person to whom a DPWCS licence is granted under this Act;
Open s 31E
occupier
Defined · s 2
“occupier” means the person in occupation of any premises or having the charge, management or control thereof either on that person’s own account or as agent of another person; and, in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
Open s 2
pneumatic waste conveyance system
Defined · s 31E
“pneumatic waste conveyance system” means an automated waste collection system that conveys or transports refuse or waste by air suction from individual premises through a network of pipes to a central location for collection and that consists of —(a)air and ventilation networks;(b)refuse pipeline networks; and(c)related internal assets,but does not include any disposal facility;
Open s 31E
related internal assets
Defined · s 31E
“related internal assets” means all receptacles, refuse chutes, chute chambers, pipes, valves, control cables and sensors within any premises up to but not including any connection point, that are used for, or for purposes connected with, conveying or transporting refuse or waste by air suction from within any premises to the refuse pipeline networks.
Open s 31E
waste
Defined · s 2
“waste” includes —(a)any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and(b)any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled,and anything which is discarded or otherwise dealt with as if it were waste is presumed to be waste unless the contrary is proved;
Open s 2