The Act Commentary on Sections Part 5: Waste Section 50 Power to require owner of land to remove waste
166.Section 50(2) inserts section 59ZA into the 1990 Act. Where controlled waste was deposited in or on any land in contravention of section 33(1) of the 1990 Act, section 59 previously enabled a notice to be served on only the occupier of land, requiring him to remove the waste or to take such specified steps with a view to eliminating or reducing its consequences.
167.Section 59ZA enables a notice to be served on the owner of the land requiring him to clear waste from it in circumstances where there is no occupier of the land or the occupier cannot be found without the enforcing authority incurring unreasonable expense or the occupier has successfully appealed against a notice served in him. An occupier or owner can appeal the notice if he neither deposited nor knowingly caused nor knowingly permitted the deposit of the waste. If an occupier or owner fails to comply with the requirements in a notice, section 59 enables the Environment Agency or a waste collection authority to enter the land, remove the waste or take such specified steps and recover the costs of doing so from the occupier or owner.