Environment Bill

Explanatory Notes

New section 45AZE Sections 45 to 45AZD: guidance

440 Subsection (1) allows the Secretary of State to issue guidance about the duties imposed by sections 45 to 45AZD.

441 Subsection (2) is a non-exhaustive list of what the Secretary of State’s guidance may contain. This includes guidance on when it may not be technically or economically practicable to collect recyclable household waste or recyclable relevant waste streams separately, or where that separate collection may have no significant environmental benefit; how often household waste other than food waste should be collected; the kinds of waste which are relevant waste for the purposes of new section 45AZB (separate collection of industrial or commercial waste); and assessments made under new section 45AZD (duties of waste collectors).

442 Subsection (3) states that the guidance may make different provision in relation to new sections 45A to 45AZB. This is to enable the Secretary of State to take account of the fact that there might be different circumstances depending on whether it is household waste from domestic properties, household waste from non-domestic premises, or industrial and commercial waste being collected.

443 Subsection (4) contains statutory consultation requirements. Before issuing guidance, the Secretary of State must consult the organisations listed. The list includes the Environment Agency, English waste collection authorities (local authorities), and others that the Secretary of State considers appropriate. It is a non-exhaustive list.

444 Subsection (5) requires that waste collection authorities, and any party to arrangements regarding the collection of recyclable waste under these sections, must have regard to the guidance.


Prepared 29th January 2020