Environment Bill (HC Bill 3)

(5) Regulations under Schedule 8 are subject to the affirmative procedure.

49 Deposit schemes

(1) Schedule 9 confers power on the relevant national authority to make
regulations establishing deposit schemes.

(2) 5In this section and in that Schedule “the relevant national authority” means—

(a) in relation to a deposit scheme relating to the purchase of products in
England, the Secretary of State;

(b) in relation to a deposit scheme relating to the purchase of products in
Wales, the Welsh Ministers or the Secretary of State;

(c) 10in relation to a deposit scheme relating to the purchase of products in
Northern Ireland, the Department of Agriculture, Environment and
Rural Affairs in Northern Ireland or the Secretary of State.

(3) Regulations under Schedule 9—

(a) made by the Welsh Ministers, may contain only provision which, if
15contained in an Act of the National Assembly for Wales, would be
within the legislative competence of the Assembly;

(b) made by the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland, may contain only provision which, if
contained in an Act of the Northern Ireland Assembly, would be within
20the legislative competence of the Assembly and would not require the
Secretary of State’s consent.

(4) Regulations under Schedule 9 made by the Secretary of State may not contain
provision that could be contained in regulations under that Schedule made by
another relevant national authority, unless that authority consents.

(5) 25Regulations made by a relevant national authority under Schedule 9 are subject
to the affirmative procedure if they—

(a) are the first regulations under paragraph 1, or the first regulations
under paragraph 5, made by the authority;

(b) provide for conduct to be a criminal offence which is not a criminal
30offence under existing regulations made by the authority under that
Schedule;

(c) provide for conduct to be subject to a civil sanction (within the meaning
given by paragraph 5(3) of that Schedule) which is not subject to a civil
sanction under existing regulations made by the authority under that
35Schedule;

(d) increase the amount or maximum amount of a fine or monetary
penalty, or change the basis on which such an amount or maximum is
to be determined.

(6) Otherwise, regulations under Schedule 9 are subject to the negative procedure.

(7) 40In this section “deposit scheme” has the meaning it has in Schedule 9.

50 Charges for single use plastic items

(1) Schedule 10 confers powers on the relevant national authority to make
regulations about charges for single use plastic items.

(2) In this section and that Schedule the “relevant national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Northern Ireland, the Department of Agriculture,
Environment and Rural Affairs in Northern Ireland.

(3) 5Regulations made by a relevant national authority under Schedule 10 are
subject to the affirmative procedure if they—

(a) are the first regulations made by the authority under that Schedule;

(b) contain provision about charging for a new item;

(c) provide for conduct to be subject to a civil sanction (within the meaning
10of paragraph 9(3) of that Schedule) which is not subject to a civil
sanction under existing regulations made by the authority under that
Schedule;

(d) increase the amount or maximum amount of a monetary penalty, or
change the basis on which such an amount or maximum is to be
15determined.

(4) Otherwise, regulations under Schedule 10 are subject to the negative
procedure.

(5) A “new item” means an item in relation to which there are no existing
regulations made by the relevant national authority under Schedule 10.

51 20Charges for carrier bags

In Schedule 6 to the Climate Change Act 2008 (power to impose carrier bag
charge) after paragraph 6 insert—

““Registration

6A (1) This paragraph applies to regulations made by—

(a) 25the Secretary of State, or

(b) the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland.

(2) The regulations may require sellers to register with an administrator.

(3) The regulations may make provision—

(a) 30about applications for registration,

(b) about the period for which registration has effect,

(c) about the cancellation of registration.

(4) The regulations may require sellers to pay to the administrator, in
connection with their registration, fees of an amount determined by, or by
35the administrator in accordance with, the regulations.

(5) The regulations may provide for the amount of the fees to be such as to
recover the costs incurred by the administrator in performing its functions
under the regulations.”

Managing waste

52 40Separation of waste: England

(1) The Environmental Protection Act 1990 is amended as follows.

(2) In section 30 (definitions of authorities), after subsection (4) insert—

“(4A) In this Part—

• “English waste collection authority” means a waste collection
  authority whose area is in England;

• 5“English waste disposal authority” means a waste disposal
  authority whose area is in England.”

(3) In section 33ZA (fixed penalty notices), in subsection (12) omit the definition of
“English waste collection authority”.

(4) For section 45A substitute—

“45A 10England: 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) 15The 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
20collected 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
25may 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
30streams 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
35subsection (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) 40it 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 5 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) 10is 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)
15(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) 20The 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) 25it 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
30(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) 35The 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 if the person is subject to an equivalent
duty by virtue of a notice under section 46.

(9) 40Household 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) 45glass;

(b) metal;

(c) plastic;

(d) paper and card;

(e) food waste.

(11) For the purposes of this section “relevant non-domestic premises”
5means—

(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) 10premises 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) 15This 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) 20is 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).

25This 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) 30The 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) 35it 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
40(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.

(9) Relevant waste is “recyclable relevant waste” if—

(a) 5it 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) 10metal;

(c) plastic;

(d) paper and card;

(e) food waste.

45AZC Sections 45A to 45AZB: powers to exempt and extend

(1) 15The 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) 20for 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
25doing 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) 30add 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
35stream.

(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
40have 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
45subsection (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) 5English waste disposal authorities, and

(d) anyone else the Secretary of State considers appropriate.

45AZD Sections 45A to 45AZB: duties of waste collectors

(1) Subsection (2) applies where—

(a) a person collects or proposes to collect waste under
10arrangements 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) 15The person must prepare a written assessment of why the person
considers that the section relied on applies.

45AZE Sections 45 to 45AZD: guidance

(1) The Secretary of State may issue guidance about the duties imposed by
sections 45 to 45AZD.

(2) 20The 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
25significant 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
30section 45AZB;

(d) assessments under section 45AZD.

(3) The guidance may make different provision in relation to section 45A,
45AZA and section 45AZB.

(4) Before issuing guidance under this section the Secretary of State must
35consult—

(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) 40A waste collection authority, and any party to arrangements to which
section 45AZA or 45AZB applies, must have regard to 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) 5is 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) 10specify 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
15within 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 20 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) 25The 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) 30vary 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.”

(5) 35In section 46(2) (receptacles for household waste) for the words from “subject
to” to the end substitute—

“(a) subject to that, a waste collection authority whose area is in
Wales may require separate receptacles or compartments of
receptacles to be used for waste which is to be recycled and
40waste which is not;

(b) an English waste collection authority may require separate
receptacles or compartments of receptacles to be used for the
purposes of complying with its duties under section 45A or
45AZA.”

(6) In section 161 (regulations etc) after subsection (2ZC) insert—

“(2ZD) Subsection (2) does not apply to a statutory instrument containing
regulations under section 45AZC (separation of waste).

(2ZE) A statutory instrument containing regulations under section 45AZC
5may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.”

(7) In section 41(1) of the Environment Act 1995 (powers to make charging schemes) after
paragraph (r) (as inserted by section 59) insert—

“(s) as a means of recovering costs which are incurred by it in performing
10functions relating to sections 45A to 45AZB of the Environmental
Protection Act 1990, the Agency may require the payment to it of such
charges as may from time to time be prescribed;”.

(8) In section 108(15) of the Environment Act 1995 (powers of entry), in the
definition of “pollution control functions” in relation to a waste collection
15authority, in paragraph (a) for “, 45A” substitute “to 45AZD”.

53 Separation of waste: Northern Ireland

(1) The Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/
2778 (N.I. 19)) is amended as follows.

(2) For Article 20A substitute—

“20A 20Separate collection of household waste

(1) This Article applies in relation to arrangements made under Article
20(1)(a), unless they are arrangements in relation to which Article 20B
applies.

(2) The arrangements must meet the conditions in paragraphs (3) to (7)
25(subject to any provision in regulations under Article 20D).

(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) 30The third condition is that recyclable household waste in each
recyclable waste stream must be collected separately, except so far as
provided by paragraph (6).

(6) Recyclable household waste in two or more recyclable waste streams
may be collected together where—

(a) 35it 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
40(having regard to the overall environmental impact of collecting
it separately and of collecting it together).

(7) But recyclable household waste within paragraph (9)(a) to (d) may not
be collected together with recyclable household waste within
paragraph (9)(e) or (f).

(8) 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.

(9) For the purposes of this Article, the recyclable waste streams are—

(a) 5glass;

(b) metal;

(c) plastic;

(d) paper and card;

(e) food waste;

(f) 10garden waste.

20B Separate collection of household waste from relevant non-domestic
premises

(1) This Article applies in relation to arrangements for household waste to
be collected from relevant non-domestic premises by a person who, in
15collecting 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
Article 20(1)(a)).

(2) 20The arrangements must meet the conditions in paragraphs (3) to (7)
(subject to any provision in regulations under Article 20D).

(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
25collected 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 paragraph (6).

(6) Recyclable household waste in two or more recyclable waste streams
30may 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
35streams 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 paragraph (10)(a) to (d) may not
be collected together with recyclable household waste within
40paragraph (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 paragraph does not apply if the person is subject to an equivalent
45duty by virtue of a notice under Article 21.

(9) Household waste is “recyclable household waste” if—