34ZA Fixed penalty notices: offences under section 34(6) relating to section 34(2A): England
(1) This section applies where it appears to an enforcement authority in England that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in England.
(2) The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.
(3) An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.
(4) Where a waste collection authority (A) gives a notice to a person under subsection (2), A must, at the time of giving the notice—
(a) give the Environment Agency a copy of the notice; and
(b) where it appears to A that the failure to comply with the duty in section 34(2A) took place in the area of another waste collection authority (B), give B a copy of the notice.
(5) Where the Environment Agency gives a notice to a person under subsection (2), the Agency must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.
(6) Where a person is given a notice under subsection (2) in respect of an offence—
(a) no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and
(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.
(7) The fixed penalty payable to an enforcement authority under this section is—
(a) the amount specified by the authority in respect of the offence; or
(b) if no amount is specified by the authority, £200.
(8) The amount specified by an authority in respect of the offence under subsection (7)(a) must not be less than £150 or more than £600.
(9) The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount of not less than £120 is paid before the end of a period specified by the authority.
(9A) The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (7)(b), (8) and (9).
(10) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
(11) A notice under this section must also—
(a) state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);
(b) state the period during which, by virtue of subsection (6)(b), payment of the fixed penalty will discharge any liability to conviction for the offence;
(c) state the amount of the fixed penalty;
(d) state any lesser amount payment of which, by virtue of subsection (9), is treated as payment of the fixed penalty, and the period for payment of the lesser amount;
(e) state the permissible methods of payment;
(f) explain that—
(i) the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer; and
(ii) the person is entitled to make representations to the authority about the allegations contained in the notice;
(g) state the address to which the person may send any representations;
(h) explain that, by virtue of subsection (3), an authority may not give a person a notice under this section if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence;
(i) state which other enforcement authorities the authority has sent a copy of the notice to in accordance with subsections (4) and (5).
(12) An enforcement authority may authorise in writing a person (an “authorised officer”) to give a notice under this section on its behalf.
(13) An authorised officer may require an occupier of domestic property to give the occupier’s name and address if the officer proposes to give the occupier a fixed penalty notice.
(14) A person commits an offence if the person—
(a) fails to give a name or address when required to do so under subsection (13), or
(b) gives a false or inaccurate name or address in response to a requirement under that subsection.
(15) A person guilty of an offence under subsection (14) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(16) In any proceedings a certificate which—
(a) purports to be signed on behalf of the chief finance officer of the enforcement authority; and
(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(17) In this section—
“chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;
“enforcement authority in England” means the Environment Agency or a waste collection authority in England.
34ZB Fixed penalty notices: offences under section 34(6) relating to section 34(2A): Wales
(1) This section applies where it appears to an enforcement authority in Wales that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in Wales.
(2) The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.
(3) An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.
(4) Where a waste collection authority (A) gives a notice to a person under subsection (2) in relation to a failure to comply with the duty in section 34(2A) that took place in the area of another waste collection authority (B), A must, at the time of giving the notice, give a copy of the notice to B.
(5) Where the Natural Resources Body for Wales gives a notice to a person under subsection (2), the Body must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.
(6) Where a person is given a notice under subsection (2) in respect of an offence—
(a) no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and
(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.
(7) The fixed penalty payable to an enforcement authority under this section is £300.
(8) An enforcement authority may make provision in a notice given under subsection (2) for treating the fixed penalty as having been paid if a lesser amount of £150 is paid before the end of the period of 10 days following the date of the notice.
(9) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
(10) A notice under this section must also—
(a) state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);
(b) state the date on or before which, by virtue of subsection (6)(b), payment of the fixed penalty must be made in order to discharge any liability to conviction for the offence;
(c) state the amount of the fixed penalty;
(d) if the enforcement authority makes provision under subsection (8)—
(i) state the lesser amount, the payment of which is treated, by virtue of that subsection, as payment of the fixed penalty, and
(ii) state the date on or before which payment of the lesser amount must be made for it to be so treated;
(e) state the permissible methods of payment;
(f) state the person to whom, and the address at which, payment may be made;
(g) explain that—
(i) the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer, and
(ii) the person is entitled to make representations to the authority about the allegations contained in the notice;
(h) state the address to which the person may send any representations;
(i) explain that, by virtue of subsection (3), an authority may not give a person a notice under this section if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence;
(j) state the other enforcement authorities to which the authority has sent a copy of the notice in accordance with subsections (4) and (5).
(11) An enforcement authority may authorise in writing a person (an “authorised officer”) to give a notice under this section on its behalf.
(12) Where an authorised officer proposes to give a person a notice under subsection (2), the officer may require that person to give their name and address.
(13) A person commits an offence if the person—
(a) fails to give a name or address when required to do so under subsection (12), or
(b) gives a false or inaccurate name or address in response to a requirement under that subsection.
(14) A person guilty of an offence under subsection (13) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(15) In any proceedings a certificate which—
(a) purports to be signed by or on behalf of the chief finance officer of an enforcement authority to whom a fixed penalty is payable pursuant to a notice under this section; and
(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(16) In this section—
“chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;
“enforcement authority in Wales” means the Natural Resources Body for Wales or a waste collection authority in Wales.
34ZC Fixed penalty notices for offences under section 34(6): Scotland
(1) This section applies where a constable or an authorised officer has reason to believe that a person has failed without reasonable excuse to comply with the duty relating to the transfer of household waste in section 34(2).
(2) The constable or authorised officer (as the case may be) may give to the person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.
(3) A notice under subsection (2) may not be given if, in relation to the same circumstances—
(a) such a notice has already been given to the person (including by the same or by another local authority), or
(b) a penalty or enforcement undertaking has already been imposed on the person by the Scottish Environment Protection Agency by virtue of Part 2 of the Regulatory Reform (Scotland) Act 2014.
(4) Where a constable gives a notice to a person under subsection (2), the constable must at the same time give a copy of the notice to the local authority in whose area the failure to comply with the duty in section 34(2) took place.
(5) Where—
(a) an authorised officer gives a notice to a person under subsection (2), and
(b) it appears to the officer that the failure to comply with the duty in section 34(2) took place both in the officer’s area and in another local authority’s area,
the officer must at the same time give the other local authority a copy of the notice.
(6) Where a person is given a notice under subsection (2) in respect of an offence—
(a) no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and
(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.
(7) A notice under this section must—
(a) state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,
(b) state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6),
(c) state the amount of the fixed penalty,
(d) explain that the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer,
(e) state the person to whom the fixed penalty may be paid, and the address and website for doing so,
(f) explain that, by virtue of subsection (3), an authorised officer may not give a person a notice under this section if such a notice has already been given to the person in respect of the same offence, and
(g) state which other authorities have been sent a copy of the notice in accordance with subsections (4) and (5).
(8) The fixed penalty payable under this section is £200.
(9) The Scottish Ministers may by regulations substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified as the amount of the fixed penalty in subsection (8).
(10) A constable or an authorised officer may require an occupier of domestic property to give the occupier’s name, address and date of birth, if the constable or officer proposes to give the occupier a fixed penalty notice under this section.
(11) A person commits an offence if the person—
(a) fails to give a name, address or date of birth when required to do so under subsection (10), or
(b) gives a false or inaccurate name, address or date of birth in response to a requirement under that subsection.
(12) A person who commits an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(13) In any proceedings a certificate which—
(a) purports to be signed on the person having responsibility for the financial affairs of the authority to which the fixed penalty is to be paid, and
(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(14) A fixed penalty payable in pursuance of a notice under this section is to be paid—
(a) in a case where the notice is given by a constable or by an authorised officer of a local authority, to the local authority in whose area the offence was committed,
(b) in a case where the notice is given by an officer of Loch Lomond and The Trossachs National Park Authority, to that Authority.
(15) In this section—
“authorised officer” means—
an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area of the authority,
an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area designated as the National Park for which the Authority is established,
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
(16) The Scottish Ministers may by regulations—
(a) add another category of persons to the definition of “authorised officer” in subsection (15), and
(b) modify this section as they consider appropriate in connection with making provision under paragraph (a).
34A Fixed penalty notices for certain offences under section 34
(1) This section applies where it appears to an enforcement authority that a person has failed to comply with a duty to furnish documents to that authority imposed under regulations made at any time under section 34(5) above.
(2) The authority may serve on that person a notice offering him the opportunity of discharging any liability to conviction for an offence under section 34(6) above by payment of a fixed penalty.
(3) Where a person is given a notice under this section in respect of an offence—
(a) no proceedings may be instituted for that offence before expiration of the period of fourteen days following the date of the notice; and
(b) he may not be convicted of that offence if he pays the fixed penalty before the expiration of the period.
(4) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
(5) A notice under this section must also state—
(a) the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence;
(b) the amount of the fixed penalty; and
(c) the person to whom and the address at which the fixed penalty may be paid.
(6) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) above at the address so mentioned.
(7) Where a letter is sent in accordance with subsection (6) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(8) The form of a notice under this section is to be such as the appropriate person may by order prescribe.
(9) The fixed penalty payable to an enforcement authority under this section is, subject to subsection (10) below, £300.
(10) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (9) above.
(11) The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.
(12) The appropriate person may by regulations restrict the extent to which, and the circumstances in which, an enforcement authority may make provision under subsection (11) above.
(13) In any proceedings a certificate which—
(a) purports to be signed on behalf of the chief finance officer of the enforcement authority, and
(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(14) In this section—
“chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority;
“enforcement authority” means the Environment Agency , the Natural Resources Body for Wales or a waste collection authority.
(1) This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist.
(2) The grounds in this subsection are that—
(a) a relevant offence has been committed , or an offence under regulation 38(1) or (2) of the Environmental Permitting Regulations has been committed in relation to a waste operation
(b) a vehicle was used in the commission of the offence, and
(c) proceedings for the offence have not yet been brought against any person.
(3) The grounds in this subsection are that—
(a) a relevant offence is being or is about to be committed, or an offence under regulation 38(1) or (2) of the Environmental Permitting Regulations is being or is about to be committed in relation to a waste operation, and
(b) a vehicle is being or is about to be used in the commission of the offence.
(4) The authorised officer or constable may—
(a) search the vehicle;
(b) seize the vehicle and any of its contents.
(5) In acting under subsection (4) above the authorised officer or constable may—
(a) stop the vehicle (but only a constable in uniform may stop a vehicle on any road);
(b) enter any premises for the purpose of searching or seizing the vehicle.
(6) A vehicle or its contents seized under subsection (4) above—
(a) by an authorised officer of an enforcement authority, are seized on behalf of that authority;
(b) by a constable in the presence of or at the request of an authorised officer of an enforcement authority, are seized on behalf of that authority;
(c) by a constable in any other case, are seized on behalf of the waste collection authority in whose area the seizure takes place.
(7) A person commits an offence if—
(a) he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above;
(b) he otherwise intentionally obstructs an authorised officer or constable in exercising that power.
(8) Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him—
(a) the occupant's name and address;
(b) the name and address of the registered owner of the vehicle;
(c) any other information he may reasonably request.
(9) A person commits an offence if—
(a) he fails without reasonable excuse to comply with a requirement under subsection (8) above;
(b) he gives information required under that subsection that is—
(i) to his knowledge false or misleading in a material way, or
(ii) given recklessly and is false or misleading in a material way.
(10) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(11) In this section and section 34C below—
“authorised officer” means an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section;
“enforcement authority” means—
the Environment Agency, ...
the Natural Resources Body for Wales, or
a waste collection authority;
“relevant offence” means—
an offence under section 33 above, or
an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“vehicle” means any motor vehicle or trailer within the meaning of that Act or any mobile plant.
(1) Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate.
(2) An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person.
(3) Regulations under subsection (2) above may in particular include provision as to—
(a) the duties of enforcement authorities in relation to the safe custody of seized property;
(b) the circumstances in which they must return any such property to a person claiming entitlement to it;
(c) the manner in which such persons, and the seized property to which they are entitled, may be determined;
(d) the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property;
(e) the uses to which the proceeds of any such sale may be put.
(4) Regulations making provision under subsection (3)(d) above—
(a) must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;
(b) must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person;
(c) may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay.
(5) The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.
34D Prohibition on disposal of food waste to sewer
(1) An occupier of premises in Wales must not—
(a) discharge food waste produced on or brought onto the premises, or
(b) knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged,
into a public sewer or a sewer or drain communicating with a public sewer.
(2) Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).
(3) A person commits an offence if, without reasonable excuse, the person contravenes subsection (1).
(4) A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.
(5) In subsection (1)—
“food waste” means controlled waste that—
has at any time been food (which for this purpose does not include drink) intended for human consumption, or
is biodegradable waste arising from the processing or preparation of food or drink,
but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink;
“drain”, “public sewer” and “sewer” have the meanings given in section 219(1) of the Water Industry Act 1991.
(6) The Welsh Ministers may by regulations—
(a) provide for subsection (1) to apply only in circumstances specified in the regulations;
(b) make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2);
(c) amend the definition of “food waste” in subsection (5).
(7) Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.
(1) The relevant national authority may by regulations make provision for the purpose of tracking relevant waste, including provision about the establishment of an electronic system (“the system”) for that purpose.
(2) The regulations may impose requirements on relevant waste controllers, or a waste regulation authority, to take specified steps to secure the entry into the system of specified information about, or which is relevant to the tracking or regulation of, specified relevant waste.
(3) The information which may be specified includes information about—
(a) the processing, movement or transfer to another person of relevant waste or waste processing products;
(b) persons to whom relevant waste or waste processing products have been transferred;
(c) the carrying out of any activity by relevant waste controllers in relation to, or in connection with, relevant waste or waste processing products;
(d) relevant waste controllers.
(4) The regulations may impose requirements on relevant waste controllers to take specified steps to enable physical identification of specified relevant waste or waste processing products.
(5) The regulations may allow relevant waste controllers, or a waste regulation authority, to make arrangements for other persons to discharge their obligations under the regulations, and may impose requirements on such persons in connection with such arrangements.
(6) The regulations must provide for an exemption for digitally excluded persons from any requirement that would involve the use of electronic communications or the keeping of electronic records, but may impose alternative requirements on those persons that do not involve either.
(7) The regulations may designate a person to establish, operate or maintain the system and may confer functions on such a person.
(8) The regulations may make provision about how information held on the system is to be used including provision—
(a) about who may access the information;
(b) permitting, or requiring, the disclosure, publication or transfer to another electronic system of such information;
(c) imposing requirements on persons who obtain such information not to further disclose it.
(9) The regulations may impose fees or charges, payable to a person designated by, or in accordance with, the regulations, on persons subject to any requirement imposed by the regulations.
(10) The amount of such fees or charges may reflect the costs of establishing, operating or maintaining the system and any other costs incurred in connection with the tracking of relevant waste by a person designated to establish, operate or maintain the system.
(11) The relevant national authority may provide grants or loans to a person designated to establish, operate or maintain the system.
(12) In this section—
“digitally excluded person” means a person—
who is a practising member of a religious society or order whose beliefs are incompatible with using electronic communications or keeping electronic records, or
for whom it is not reasonably practicable to use electronic communications or to keep electronic records for any reason (including age, disability or location);
“extractive waste”—
in relation to regulations made in relation to England or Wales, has the meaning it has in this Part (as it extends to England and Wales);
in relation to regulations made in relation to Scotland, has the meaning it has in the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60);
“relevant national authority” means—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
in relation to Scotland, the Scottish Ministers;
“relevant waste” means controlled waste or extractive waste;
“relevant waste controller” means any person who—
is subject to the duty in section 34(1) (duty of care as respects controlled waste),
imports, produces, carries, keeps, treats, manages or disposes of extractive waste or, as a dealer or broker, has control of such waste, or
exports relevant waste;
“specified” means specified or described in the regulations;
“waste processing product” means any product of the processing of relevant waste, including material which is not relevant waste or which is not derived from relevant waste.
34CB Further provision about regulations under section 34CA
(1) Regulations under section 34CA(1) may make provision about the enforcement of requirements imposed by or under the regulations.
(2) The regulations may include provision—
(a) creating criminal offences punishable with a fine in respect of failures to comply with the regulations;
(b) about such offences.
(3) The regulations may include provision—
(a) for, about or connected with the imposition of civil sanctions by an enforcement authority;
(b) in the case of a civil sanction that requires the payment of an amount, for that amount—
(i) to be specified in the regulations;
(ii) to be determined by an enforcement authority in accordance with the regulations;
(c) for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);
(d) about appeals against the imposition of a civil sanction.
(4) In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
(5) The regulations may include provision for the imposition of sanctions of that kind whether or not—
(a) the conduct in respect of which the sanction is imposed constitutes an offence,
(b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or
(c) the relevant national authority may make provision for the imposition of sanctions under that Part.
(6) The regulations may make different provision for different purposes.
(7) The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or assimilated direct legislation.
(8) In this section—
“enforcement authority” means the Environment Agency, the Natural Resources Body for Wales, a waste collection authority for an area in England or Wales or the Scottish Environment Protection Agency;
“primary legislation” means—
in relation to regulations made by the Secretary of State, an Act of Parliament;
in relation to regulations made by the Welsh Ministers, an Act of Parliament or an Act or Measure of Senedd Cymru;
in relation to regulations made by the Scottish Ministers, an Act of Parliament or an Act of the Scottish Parliament.
44 Offences of making false or misleading statements or false entries.
(1) A person who—
(a) in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part, or will need corrections
(b) for the purpose of obtaining for himself or another any grant of a licence, any modification of the conditions of a licence, any acceptance of the surrender of a licence or any transfer of a licence,
makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.
(2) A person who intentionally makes a false entry in any record required to be kept by virtue of a licence commits an offence.
(3) A person who commits an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
44ZA Duty to prepare integrated waste management plan
(1) It shall be the duty of a local authority to—
(a) prepare an integrated waste management plan; and
(b) submit it to the Scottish Ministers for approval.
(2) An integrated waste management plan is a plan which—
(a) sets out, by reference to policies contained in national waste management plan , how the local authority intends to carry out its functions as waste disposal authority and waste collection authority (its “waste management functions”); and
(b) without prejudice to the generality of paragraph (a) above, contains statements on such matters relating to the carrying out of those functions as the Scottish Ministers may specify in directions.
(3) Directions under subsection (2)(b) above may, in particular, require integrated waste management plans to include statements setting out—
(a) levels of performance (“performance targets”) which the local authority shall, in performing its waste management functions, endeavour to meet;
(b) steps which the local authority proposes to take in endeavouring to meet performance targets;
(c) arrangements which the local authority proposes to enter into with one or more other local authorities for the purpose of securing co-operation, in the carrying out of their respective waste management functions, between the local authorities.
(4) Integrated waste management plans shall—
(a) be prepared, and submitted, under subsection (1) above by such date; and
(b) relate to such period of time,
as the Scottish Ministers may direct.
(5) A local authority shall, in preparing its integrated waste management plan, have regard to such matters as the Scottish Ministers may direct.
(6) In this section, and in sections 44ZB to 44ZD below—
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
“national waste management plan” means the plan mentioned in regulation 3(1) of the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251), however constituted at the time and as modified from time to time.
“SEPA” means the Scottish Environment Protection Agency.
(1) The Scottish Ministers shall—
(a) approve an integrated waste management plan submitted to them under section 44ZA(1)(b) above without modification;
(b) approve the plan with such modifications as they consider appropriate; or
(c) refuse to approve the plan.
(2) If the Scottish Ministers refuse to approve a plan which has been so submitted they shall—
(a) notify the local authority in writing of that fact; and
(b) require the local authority to prepare and submit, by such date as the Scottish Ministers may specify, a further integrated waste management plan.
(3) The Scottish Ministers shall—
(a) approve an integrated waste management plan submitted to them under subsection (2)(b) above without modification; or
(b) approve the plan with such modifications as they consider appropriate.
(4) The Scottish Ministers shall—
(a) give written notice of their approval, under subsection (1) or (3) above, of an integrated waste management plan to the local authority; and
(b) if they have modified the plan, send a copy of the plan as modified to the local authority.
(5) The local authority shall, on receipt of notice given under subsection (4)(a) above—
(a) give public notice of the approved integrated waste management plan; and
(b) send a copy of it to SEPA.
(6) It shall be the duty of a local authority to make arrangements for allowing any person to—
(a) inspect its approved integrated waste management plan at its principal offices at any reasonable time;
(b) obtain a copy of it, or any part of it, on payment of such reasonable fee (if any) as the local authority may determine.
44ZC Implementation of integrated waste management plan
(1) It shall be the duty of a local authority—
(a) to endeavour to carry out its waste management functions in accordance with its approved integrated waste management plan; and
(b) if requested by the Scottish Ministers, to provide the Scottish Ministers, by the date specified in their request, with a statement setting out whether the local authority is so carrying out its waste management functions.
(2) A statement provided under subsection (1)(b) above shall contain such information as the Scottish Ministers may direct.
(3) Directions under subsection (2) above may, in particular, require a local authority to—
(a) advise whether it has met, or is likely to meet, any performance targets set out in the plan; and
(b) if it has not done so, or is not likely to do so, explain why it considers the performance targets have not been, or are not likely to be, met.
44ZD Modification of integrated waste management plan
(1) A local authority—
(a) may, from time to time; and
(b) shall, if requested by the Scottish Ministers,
modify its integrated waste management plan and submit it, as modified, to the Scottish Ministers for approval.
(2) Sections 44ZA to 44ZC apply in relation to a plan which is modified as they apply in relation to a plan prepared and submitted under section 44ZA(1) above.
(1) The Secretary of State shall as soon as possible prepare a statement (“the strategy”) containing his policies in relation to the recovery and disposal of waste in England and Wales.
(2) The strategy shall consist of or include—
(a) a statement which relates to the whole of England and Wales; or
(b) two or more statements which between them relate to the whole of England and Wales.
(3) The Secretary of State may from time to time modify the strategy.
(4) Without prejudice to the generality of what may be included in the strategy, the strategy must include—
(a) a statement of the Secretary of State’s policies for attaining the objectives specified in Schedule 2A to this Act;
(b) provisions relating to each of the following, that is to say—
(i) the type, quantity and origin of waste to be recovered or disposed of;
(ii) general technical requirements; and
(iii) any special requirements for particular wastes.
(5) In preparing the strategy or any modification of it, the Secretary of State—
(a) shall consult the Environment Agency,
(b) shall consult—
(i) such bodies or persons appearing to him to be representative of the interests of local government, and
(ii) such bodies or persons appearing to him to be representative of the interests of industry,
as he may consider appropriate, and
(c) may consult such other bodies or persons as he considers appropriate.
(6) Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to the Environment Agency requiring it—
(a) to advise him on the policies which are to be included in the strategy;
(b) to carry out a survey of or investigation into—
(i) the kinds or quantities of waste which it appears to that Agency is likely to be situated in England and Wales,
(ii) the facilities which are or appear to that Agency likely to be available or needed in England and Wales for recovering or disposing of any such waste,
(iii) any other matter upon which the Secretary of State wishes to be informed in connection with his preparation of the strategy or any modification of it,
and to report its findings to him.
(7) A direction under subsection (6)(b) above—
(a) shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and
(b) may make provision in relation to the manner in which—
(i) the survey or investigation is to be carried out, or
(ii) the findings are to be reported or made available to other persons.
(8) Where a direction is given under subsection (6)(b) above, the Environment Agency shall, in accordance with any requirement of the direction,—
(a) before carrying out the survey or investigation, consult—
(i) such bodies or persons appearing to it to be representative of local planning authorities, and
(ii) such bodies or persons appearing to it to be representative of the interests of industry,
as it may consider appropriate; and
(b) make its findings available to those authorities.
(8A) The Environment Agency shall publicise any direction given to it under subsection (6) above in such manner as it considers appropriate.
(9) In this section—
“local planning authority” has the same meaning as in the Town and Country Planning Act 1990;
“strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly.
(10) This section makes provision for the purpose of implementing Article 7 of the directive of the Council of the European Union, dated 15th July 1975, on waste, as amended by—
(a) the directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and
(b) the directive of that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment.
(1) SEPA shall as soon as possible prepare a statement (“the strategy”) containing its policies in relation to the recovery and disposal of waste in Scotland.
(2) SEPA may from time to time modify the strategy.
(3) Without prejudice to the generality of what may be included in the strategy, the strategy must include—
(a) a statement of SEPA’s policies for attaining the objectives specified in Schedule 2A to this Act;
(b) provisions relating to each of the following, that is to say—
(i) the type, quantity and origin of waste to be recovered or disposed of;
(ii) general technical requirements; and
(iii) any special requirements for particular wastes.
(4) In preparing the strategy or any modification of it SEPA shall consult—
(a) such bodies or persons appearing to it to be representative of the interests of industry as it may consider appropriate;
(b) such local authorities as appear to it to be likely to be affected by the strategy or modification,
and may consult such other bodies or persons as it considers appropriate.
(5) Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to SEPA—
(a) as to the policies which are to be included in the strategy;
(b) requiring it to carry out a survey or investigation into—
(i) the kinds or quantities of waste which it appears to it is likely to be situated in Scotland,
(ii) the facilities which are or appear to it likely to be available or needed in Scotland for recovering or disposing of any such waste,
(iii) any other matter which the Secretary of State considers appropriate in connection with its preparation of the strategy or any modifications of it.
(6) A direction under subsection (5)(b) above—
(a) shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and
(b) may make provision in relation to the manner in which—
(i) the survey or investigation is to be carried out, or
(ii) the findings are to be reported or made available to other persons.
(7) Where a direction is given under subsection (5)(b) above SEPA shall, in accordance with any requirement of the direction—
(a) before carrying out the survey or investigation, consult—
(i) such bodies or persons appearing to it to be representative of planning authorities, and
(ii) such bodies or persons appearing to it to be representative of the interests of industry,
as it may consider appropriate; and
(b) make its findings available to those authorities.
(8) In this section—
“planning authority” means an authority within the meaning of section 172 of the Local Government (Scotland) Act 1973;
“strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly.
(9) This section makes provision for the purpose of implementing Article 7 of the directive of the Council of the European Union dated 15th July 1975 on waste, as amended by—
(a) the directive of that Council dated 18th March 1991 amending directive 75/442/EEC on waste; and
(b) the directive of that Council dated 23rd December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment.
(1) It shall be the duty of each waste collection authority—
(a) to arrange for the collection of household waste in its area except waste—
(i) which is situated at a place which in the opinion of the authority is so isolated or inaccessible that the cost of collecting it would be unreasonably high, and
(ii) as to which the authority is satisfied that adequate arrangements for its disposal have been or can reasonably be expected to be made by a person who controls the waste; and
(b) if requested by the occupier of premises in its area to collect any commercial waste from the premises, to arrange for the collection of the waste.; and
(c) if requested by the occupier of premises in its area to collect from the premises dry recyclable waste or food waste presented for collection in accordance with section34(2E) or (2F), to arrange for the collection of the waste.
(1A) In subsection (1)(c), the reference to “dry recyclable waste or food waste” does not include—
(a) household waste; and
(b) food waste from premises in a rural area.
(2) Each waste collection authority may, if requested by the occupier of premises in its area to collect any industrial waste from the premises, arrange for the collection of the waste; but a collection authority in England and Wales shall not exercise the power except with the consent of the waste disposal authority whose area includes the area of the waste collection authority.
(3) No charge shall be made for the collection of household waste except in cases prescribed in regulations made by the Secretary of State; and in any of those cases—
(a) the duty to arrange for the collection of the waste shall not arise until a person who controls the waste requests the authority to collect it; and
(b) the authority may recover a reasonable charge for the collection of the waste from the person who made the request.
(4) A person at whose request waste other than household waste is collected under this section shall be liable to pay a reasonable charge for the collection and disposal of the waste to the authority which arranged for its collection; and it shall be the duty of that authority to recover the charge unless in the case of a charge in respect of commercial waste the authority considers it inappropriate to do so.
(5) It shall be the duty of each waste collection authority—
(a) to make such arrangements for the emptying, without charge, of privies serving one or more private dwellings in its area as the authority considers appropriate;
(b) if requested by the person who controls a cesspool serving only one or more private dwellings in its area to empty the cesspool, to remove such of the contents of the cesspool as the authority considers appropriate on payment, if the authority so requires, of a reasonable charge.
(6) A waste collection authority may, if requested by the person who controls any other privy or cesspool in its area to empty the privy or cesspool, empty the privy or, as the case may be, remove from the cesspool such of its contents as the authority consider appropriate on payment, if the authority so requires, of a reasonable charge.
(7) A waste collection authority may—
(a) construct, lay and maintain, within or outside its area, pipes and associated works for the purpose of collecting waste;
(b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works connecting with pipes provided by the authority under paragraph (a) above.
(8) A waste collection authority may contribute towards the cost incurred by another person in providing or maintaining plant or equipment intended to deal with commercial or industrial waste before it is collected under arrangements made by the authority under subsection (1)(b) or (2) above.
(9) Subject to section 48(1) below, anything collected under arrangements made by a waste collection authority under this section shall belong to the authority and may be dealt with accordingly.
(10) In relation to Scotland, sections 2, 3, 4 and 41 of the Sewerage (Scotland) Act 1968 (maintenance of public sewers etc.) shall apply in relation to pipes and associated works provided or to be provided under subsection (7)(a) above as those sections apply in relation to public sewers but as if—
(a) the said section 2 conferred a power on a waste collection authority rather than a duty on Scottish Water ;
(b) in the said section 3—
(i) references to Scottish Water were references to a waste collection authority; and
(ii) in references to public sewers and public sewage works the word “public” were omitted;
(c) in the said section 4, the reference to Scottish Water were a reference to a waste collection authority and the words from “by virtue” to the end were omitted; and
(d) in the said section 41, the reference to Scottish Water were a reference to a waste collection authority,
and the Pipe-lines Act 1962 shall not apply to pipes and associated works provided or to be provided under the said subsection (7)(a).
(10A) Where a waste collection authority, in the exercise of its powers under subsection (7)(a) above, proposes to execute works outside its area, it shall, in addition to any notice served under section 3(2) of the Sewerage (Scotland) Act 1968 as applied by virtue of subsection (10) above, serve notice of its intention on the waste collection authority within whose area it is proposed to execute the works together with a description of the proposed works and if, within two months after the service of the notice, the waste collection authority on whom it was served objects to the proposed works, and that objection is not withdrawn, the first-mentioned authority shall not proceed to execute the works without consent aftermentioned but may refer the matter for the determination of the Scottish Ministers who may grant consent to the proposed works either unconditionally or subject to such terms and conditions as they think just, or who may withhold their consent, and their decision on the matter shall be final.
(11) In the application of this section to Scotland, subsection (5)(b) and the references to a cesspool occurring in subsection (6) shall be omitted.
(12) In this section “privy” means a latrine which has a moveable receptacle and “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings.
In this section—
“privy” means a latrine which has a moveable receptacle;
“cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; and
“rural area” has the same meaning as in section 34(4B).
45A England: separate collection of household waste
(1) This section applies in relation to arrangements made under section 45(1)(a) for an English waste collection authority to collect household waste, unless they are arrangements in relation to which section 45AZA applies.
(2) The arrangements must meet the conditions in subsections (3) to (8) (subject to any provision in regulations under section 45AZC).
(3) The first condition is that recyclable household waste must be collected separately from other household waste.
(4) The second condition is that recyclable household waste must be collected for recycling or composting.
(5) The third condition is that recyclable household waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).
(6) Recyclable household waste in two or more recyclable waste streams may be collected together where—
(a) it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or
(b) collecting recyclable household waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).
(7) But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e) or (f).
(8) The fourth condition is that recyclable household waste which is food waste must be collected at least once a week.
(9) Household waste is “recyclable household waste” if—
(a) it is within any of the recyclable waste streams, and
(b) it is of a description specified in regulations made by the Secretary of State.
(10) For the purposes of this section the recyclable waste streams are—
(a) glass;
(b) metal;
(c) plastic;
(d) paper and card;
(e) food waste;
(f) garden waste.
45AZA England: separate collection of household waste from relevant non-domestic premises
(1) This section applies in relation to arrangements for household waste to be collected from relevant non-domestic premises in England by a person who, in collecting the waste—
(a) is acting in the course of a business (whether or not for profit), or
(b) is exercising a public function (including a function under section 45(1)(a)).
(2) The arrangements must meet the conditions in subsections (3) to (7) (subject to any provision in regulations under section 45AZC).
(3) The first condition is that recyclable household waste must be collected separately from other household waste.
(4) The second condition is that recyclable household waste must be collected for recycling or composting.
(5) The third condition is that recyclable household waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).
(6) Recyclable household waste in two or more recyclable waste streams may be collected together where—
(a) it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or
(b) collecting recyclable household waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).
(7) But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e).
(8) The person who presents household waste from the premises for collection under the arrangements must present it separated in accordance with the arrangements.
This subsection does not apply so far as the person is subject to an equivalent duty by virtue of a notice under section 46.
(9) Household waste is “recyclable household waste” if—
(a) it is within any of the recyclable waste streams, and
(b) it is of a description specified in regulations made by the Secretary of State.
(10) For the purposes of this section the “recyclable waste streams” are—
(a) glass;
(b) metal;
(c) plastic;
(d) paper and card;
(e) food waste.
(11) For the purposes of this section “relevant non-domestic premises” means—
(a) a residential home;
(b) premises forming part of a university or school or other educational establishment;
(c) premises forming part of a hospital or nursing home;
(d) premises of a description specified in regulations made by the Secretary of State.
(12) Regulations under subsection (11)(d) may not specify domestic properties (within the meaning of section 75(5)(a)).
45AZB England: separate collection of industrial or commercial waste
(1) This section applies in relation to arrangements for industrial or commercial waste to be collected from premises in England by a person who, in collecting the waste—
(a) is acting in the course of a business (whether or not for profit), or
(b) is exercising a public function (including a function under section 45(1)(b) or (2)).
(2) So far as they relate to waste which is similar in nature and composition to household waste (“relevant waste”) the arrangements must meet the conditions in subsections (3) to (7).
This is subject to any provision in regulations under section 45AZC.
(3) The first condition is that recyclable relevant waste must be collected separately from other relevant waste.
(4) The second condition is that recyclable relevant waste must be collected for recycling or composting.
(5) The third condition is that recyclable relevant waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).
(6) Recyclable relevant waste in two or more recyclable waste streams may be collected together where—
(a) it is not technically or economically practicable to collect recyclable relevant waste in those recyclable waste streams separately, or
(b) collecting recyclable relevant waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).
(7) But recyclable relevant waste within subsection (10)(a) to (d) may not be collected together with recyclable relevant waste within subsection (10)(e).
(8) The person who presents relevant waste from the premises for collection under the arrangements must present it separated in accordance with the arrangements.
This subsection does not apply so far as the person is subject to an equivalent duty by virtue of a notice under section 47.
(9) Relevant waste is “recyclable relevant waste” if—
(a) it is within any of the recyclable waste streams, and
(b) it is of a description specified in regulations made by the Secretary of State.
(10) For the purposes of this section the “recyclable waste streams” are—
(a) glass;
(b) metal;
(c) plastic;
(d) paper and card;
(e) food waste.
45AZC Sections 45A to 45AZB: powers to exempt and extend
(1) The Secretary of State may by regulations provide—
(a) for exemptions from the condition in section 45A(5), 45AZA(5) or 45AZB(5);
(b) for exemptions from the application of section 45AZA or 45AZB;
(c) for exemptions from the application of section 45AZA or 45AZB in relation to household waste or relevant waste in recyclable waste streams specified in the regulations.
(2) The Secretary of State may exercise the power in subsection (1)(a) in relation to two or more recyclable waste streams only if satisfied that doing so will not significantly reduce the potential for recyclable household waste or recyclable relevant waste in those waste streams to be recycled or composted.
(3) The Secretary of State may by regulations amend sections 45A to 45AZB so as to—
(a) add further recyclable waste streams, and
(b) make provision about the extent to which recyclable household waste or recyclable relevant waste in any of those waste streams may or may not be collected together with recyclable household waste or recyclable relevant waste in another recyclable waste stream.
(4) The Secretary of State may exercise the power in subsection (3)(a) in relation to a waste stream only if satisfied that—
(a) there is waste in that waste stream which is suitable for recycling or composting, and recycling or composting it will have an environmental benefit,
(b) all English waste collection authorities can make arrangements for collecting waste in that waste stream which comply with the conditions in section 45A, 45AZA or 45AZB (as appropriate), taking account of any amendments to be made under subsection (3)(b), and
(c) there is a market for it after its collection.
(5) Before making regulations under this section the Secretary of State must consult—
(a) the Environment Agency,
(b) English waste collection authorities,
(c) English waste disposal authorities, and
(d) anyone else the Secretary of State considers appropriate.
(6) The requirement in subsection (5) may be met by consultation carried out before this section comes into force.
45AZD Sections 45A to 45AZB: duties of waste collectors
(1) Subsection (2) applies where—
(a) a person collects or proposes to collect waste under arrangements to which section 45A, 45AZA or 45AZB applies, and
(b) the arrangements include arrangements to collect recyclable household waste or recyclable relevant waste in two or more recyclable waste streams together in reliance on section 45A(6), 45AZA(6) or 45AZB(6).
(2) The person must prepare a written assessment of why the person considers that the section relied on applies.
(1) The Secretary of State may issue guidance about the duties imposed by sections 45 to 45AZD.
(2) The guidance may in particular deal with—
(a) the circumstances in which it may not be technically or economically practicable to collect recyclable household waste or recyclable relevant waste in recyclable waste streams separately, or in which separate collection may not have significant environmental benefit;
(b) the frequency with which household waste other than recyclable household waste which is food waste should be collected;
(c) the kinds of waste which are relevant waste for the purposes of section 45AZB;
(d) assessments under section 45AZD.
(3) The guidance may make different provision in relation to sections 45A, 45AZA and 45AZB.
(4) Before issuing guidance under this section the Secretary of State must consult—
(a) the Environment Agency,
(b) English waste collection authorities,
(c) English waste disposal authorities, and
(d) anyone else the Secretary of State considers appropriate.
(5) The requirement in subsection (4) may be met by consultation carried out before this section comes into force.
(6) A waste collection authority, and any party to arrangements to which section 45AZA or 45AZB applies, must have regard to the guidance
(7) The Secretary of State must lay before Parliament, and publish, the guidance.
45AZF Sections 45AZA and 45AZB: compliance notices
(1) This section applies where the Environment Agency considers that a person other than an English waste collection authority—
(a) is a party to arrangements for the collection of household waste which fail to comply with section 45AZA,
(b) is a party to arrangements for the collection of relevant waste which fail to comply with section 45AZB, or
(c) is failing to comply with section 45AZA(8) or 45AZB(8).
(2) It may give that person a notice (a “compliance notice”) requiring them to take specified steps within a specified period to secure that the failure does not continue or recur.
(3) A compliance notice must—
(a) specify the failures to comply with section 45AZA or 45AZB,
(b) specify the steps which must be taken for the purpose of preventing the failure continuing or recurring,
(c) specify the period within which those steps must be taken, and
(d) give information as to the rights of appeal (including the period within which an appeal must be brought).
(4) A person who fails to comply with a compliance notice commits an offence.
(5) A person who commits an offence under subsection (4) is liable on summary conviction or conviction on indictment to a fine.
45AZG Sections 45AZA and 45AZB: appeals against compliance notices
(1) A person who is given a compliance notice may appeal to the First-tier Tribunal against—
(a) the notice, or
(b) any requirement in the notice.
(2) The notice or requirement has effect pending the determination of the appeal, unless the tribunal decides otherwise.
(3) The tribunal may—
(a) quash the notice or requirement,
(b) confirm the notice or requirement,
(c) vary the notice or requirement,
(d) take any steps the Environment Agency could take in relation to the failure giving rise to the notice or requirement, or
(e) remit any matter relating to the notice or requirement to the Environment Agency.
(1) Where a waste collection authority in Wales arranges for the collection of controlled waste in its area under section 45, it must arrange for the waste to be collected in accordance with any applicable separation requirements.
(2) A person acting in the course of a business who—
(a) collects controlled waste from premises in Wales, or
(b) receives, keeps, treats or transports controlled waste in Wales,
must do so in accordance with any applicable separation requirements.
(3) For the purposes of subsection (2), a person is acting in the course of a business if the person is—
(a) carrying on any business or undertaking, whether for profit or not, or
(b) exercising any functions of a public nature.
(4) An occupier of premises in Wales who presents controlled waste for collection (whether by a waste collection authority or by any other person) must do so in accordance with any applicable separation requirements.
(5) Subsection (4) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).
(6) A separation requirement is a requirement to take steps specified in regulations made by the Welsh Ministers for the purpose of ensuring or maintaining the separation of one or more types of waste from other types of waste or from other substances or articles.
(7) A separation requirement is applicable in the circumstances specified in relation to that requirement in regulations made by the Welsh Ministers.
(8) A person commits an offence if the person fails without reasonable excuse to comply with subsection (2) or (4).
(9) A person who commits an offence under subsection (8) is liable on summary conviction, or on conviction on indictment, to a fine.
(10) The Welsh Ministers may by regulations make provision (which may include provision amending this section)—
(a) for subsection (1) or (2) to apply subject to exceptions;
(b) for subsection (4) to apply subject to exceptions in addition to those in subsection (5).
(11) Regulations under this section may make different provision for different purposes, different cases (including different persons, premises or types of waste) and different areas.
(1) The Welsh Ministers may issue one or more codes of practice for the purpose of giving practical guidance about how to comply with requirements imposed by or under section 45AA.
(2) The Welsh Ministers may revoke or revise a code of practice issued under this section.
(3) Before issuing a code of practice (or revised code), the Welsh Ministers must consult such persons as they think appropriate.
(4) Where the Welsh Ministers issue a code of practice (or revised code) they must—
(a) publish the code, and
(b) lay a copy before the National Assembly for Wales.
(5) A code of practice issued under this section is admissible in evidence in any proceedings and must be taken into account by a court in determining any question to which it appears to the court to be relevant.