Further, there is a broad duty of care on importers, producers, carriers, keepers, treaters or disposers of controlled waste to prevent unauthorised or harmful activities.

[2] Part 2a: was inserted by the Environment Act 1995 and defines a scheme of identification and compulsory remedial action for contaminated land.

Part 3: defines a class of statutory nuisances over which the local authority can demand remedial action supported by criminal penalties.

Part 5: defines a regime of statutory notification and risk assessment for genetically modified organisms (GMOs).

[n] An operator may appeal a decision about the issue of authorisation, conditions, enforcement or prohibition to the Secretary of State who may hold a hearing or public inquiry.

The meaning of discard was considered by the European Court of Justice in 2002, where it was held:[9] The term discard must be interpreted in light of the aim of Directive 75/442 which, according to its third recital, is the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste, and Article 174(2) EC which provides that community policy on the environment is to aim at a high level of protection and is to be based, in particular, on the precautionary principle and the principle that preventive action should be taken.

More specifically, the question whether a given substance is waste must be determined in the light of all the circumstances, regard being had to the aim of Directive 75/442 and the need to ensure that its effectiveness is not undermined.No person may "treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health".

[y]· Sections 44A and 44B were added by the Environment Act 1995 and require the development of national waste strategies for England and Wales, and Scotland respectively.

[ah] Where controlled waste is deposited on land within their responsibilities, authorities may give notice to the occupier to remove it.

[aw] The local authority, EA or SEPA can perform the remedial work themselves if the appropriate person cannot be found, defaults or requests that they do so.

[ay] Local authorities, the EA and SEPA must maintain a register of notices that is publicly available, save for reasons of confidentiality and national security.

[bh] Otherwise, it is a crime to fail, without reasonable excuse, to comply with the notice,[bi] punishable on summary conviction by a fine at level 5 of the standard scale, rising by ten percent for every further day on which the nuisance continues.

[bk] Where the notice is not complied with, the local authority may take reasonable action to abate the nuisance and recover the expenses from the occupier,[bl] if necessary by installments or by making a charge on the property.

[bn] The court can order the occupier to abate the damage and, in England and Wales only, impose a fine of up to level 5 on the standard scale.

[bo] It is a crime, without reasonable excuse, to disobey such an order, punishable on summary conviction by a fine at level 5 of the standard scale, rising by ten percent for every further day on which the nuisance continues.

[bp] Sch.3, s.2 provides a power to a magistrates' court to grant a warrant of entry to a local authority for ascertaining whether there exists a statutory nuisance, and taking any action or executing any work to abate it.

"If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall ... be guilty of an offence"There are exceptions where the person has lawful authorisation or consent.

[bq] Offenders can, on summary conviction in a magistrates' court, be sentenced to a fine of up to level 4 on the standard scale.

[bs] Local authorities and central government have duties to keep roads, highways and public spaces free from litter.

[by] Local authorities have the power to designate land in order to prevent the distribution of free printed material, such as advertising flyers.

Offenders face summary conviction in a magistrates' court and a fine of up to level 4 on the standard scale, seizure of the material or a fixed penalty notice[bz] Local authorities may seize abandoned shopping trolleys and luggage trolleys, returning them to their owner and imposing a statutory fee, or otherwise disposing of them.

Part V made a number of amendments to the Radioactive Substances Act 1960, including in relation to the appointment of inspectors and assistant inspectors, fees in respect of registrations, enforcement powers and application of the Act to Crown and United Kingdom Atomic Energy Authority premises.

Part VI contains provision intended to ensure that "all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms".