Commentary on Sections Waste Section 4 – Powers to require removal of waste unlawfully deposited
Articles 28 and 28A of the 1997 Order give district councils powers to deal with waste unlawfully deposited in their areas. They enable councils to serve a notice on the occupier or in certain specified circumstances, the owner of land requiring him to remove illegal waste or take remedial action.
This section extends to the Department the power to issue such notices. It also enables a notice under Article 28 to be served on the person believed to have illegally deposited the waste on the land. This person has the same rights of appeal as those currently provided to owners and occupiers and the existing penalties apply in the event of failure to comply with such a notice.