Environment Bill

Explanatory Notes

New section 45AZB England: separate collection of industrial or commercial waste

422 Subsection (1) states that new section 45AZB applies to arrangements for collecting industrial or commercial waste from premises in England, 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.

423 Subsection (2) defines "relevant waste" as waste that is similar in nature and composition to household waste. Where waste is relevant waste, the collection arrangements must meet the conditions in subsections (3) to (7) unless there is a relevant exemption in regulations made under this section. The first two conditions (set out in subsections (3) and (4)) require that recyclable relevant waste is collected separately from other waste for the purpose of recycling or composting. In other words, recyclable relevant 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 (set out in subsection (5)) requires that the different recyclable waste streams are collected separately, unless subsection (6) applies or unless an exemption applies in regulations made under this section.

424 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) are met.

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

426 Subsection (8) states that the persons who present waste for collection must present it in accordance with the arrangements and conditions set out in 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 47 of the Environmental Protection Act 1990 regarding receptacles for commercial or industrial waste.

427 Subsection (9) inserts a definition of "recyclable relevant waste". This is defined as relevant waste that falls within one of the recyclable waste streams set out in subsection (10) and is also of a description specified in regulations. The regulations will provide further detail about what materials within a recyclable waste stream are suitable for recycling.

428 Subsection (10) defines "recyclable waste streams" as glass, metal, plastic, paper and card and food waste.


Prepared 29th January 2020