New section 45AZA England: separate collection of household waste from relevant non-domestic premises
414 Subsection (1) states that new section 45AZA applies to arrangements to collect household waste from certain non-domestic premises either by persons acting in the course of business, such as a commercial waste collector, or by persons exercising a public function, such as a waste collection authority acting under section 45(1)(a) of the Environmental Protection Act 1990. Non-domestic premises are defined in subsection (11) (see below).
415 Subsection (2) sets out that the arrangements must meet the conditions in subsections (3) to (7) unless there is a relevant exemption in regulations made under new section 45AZC. The 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 with the intention of it being recycled or composted. The third condition in subsection (5) requires that the different recyclable waste streams are collected separately unless subsection (6) applies.
416 Subsection (6) sets out 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) are met.
417 Subsection (7) makes clear that under no circumstances may certain dry waste streams (glass, metal, plastic, paper and card) be collected mixed with the other recyclable waste streams (food waste). This is to minimise or prevent contamination of dry recyclable materials by food waste.
418 Subsection (8) clarifies that persons who present waste for collection must present it in accordance with this section. This means that there is a duty on the persons presenting the waste for collection as well as the persons collecting the waste. However, subsection (8) does not apply where that person is already subject to an equivalent duty as a result of a notice served under section 46 of the Environmental Protection Act 1990 regarding receptacles for household waste.
419 Subsection (9) inserts a 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 one of the recyclable waste streams set out in subsection (10), which is of a description specified 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 in fact not be suitable for recycling or composting.
420 Subsection (10) states that the recyclable waste streams to be collected separately from other household waste are glass, metal, plastic, paper and card, and food waste.
421 Subsection (11) adds a definition of "relevant non-domestic premises". This is defined to include residential homes, schools, universities or other places of education and hospitals and nursing homes. Subsection (11)(d) gives the Secretary of State the powers to specify additional types of relevant non-domestic premises in regulations. However, subsection (12) states that such regulations must not define domestic properties as relevant non-domestic premises.