Environment Bill

Explanatory Notes

New section 45A England: separate collection of household waste

407 New section 45A concerns separate collection arrangements for household waste for English waste collection authorities. It only applies where a waste collection authority is required to collect household waste in its area under section 45(1)(a) of the Environmental Protection Act 1990. It does not apply if new section 45AZA applies, which relates to the collection of household waste from non-domestic properties.

408 Subsection (2) states that arrangements for the collection of household waste must meet the conditions in subsections (3) to (8), unless there is a relevant exemption in regulations made under new section 45AZC. These first two conditions (set out in subsections (3) and (4)) require that recyclable household waste must be collected separately from other household waste for recycling or composting. In other words, recyclable waste must be separated from waste that it is destined for incineration or landfill so that the separately collected waste can be recycled or composted. The third condition (set out in subsection (5)) requires that the different recyclable waste streams are collected separately from each other unless subsection (6) applies.

409 Subsection (6) explains that two or more recyclable waste streams may be collected together if it is not technically or economically practicable to collect them separately from each other, or if collecting the waste separately has no significant environmental benefit. In other words, different recyclable waste streams may be collected together where one of the conditions in paragraph (a) or (b) is met.

410 Subsection (7) makes clear that under no circumstances may the dry recyclable waste streams (glass, metal, plastic, paper and card) be mixed with the other recyclable waste streams (food and garden waste). This is to minimise or prevent contamination of dry recyclable materials by food or garden waste.

411 Subsection (8) stipulates that food waste must be collected from households at least once a week by waste collection authorities.

412 Subsection (9) inserts a new definition of "recyclable household waste". This is defined as household waste (as defined in section 75(5) of the Environmental Protection Act 1990) that falls within any of the recyclable waste streams stated in subsection (10) and as described in regulations. The regulations will provide further detail about what materials within a recyclable waste stream are suitable for recycling. Some materials may on the face of it fall within a subsection (10) waste stream, but will not in fact be suitable for recycling or composting.

413 Subsection (10) states that the recyclable waste streams to be collected separately from other household waste are glass, metal, plastic, paper and card, food waste and garden waste.


Prepared 29th January 2020