Environment Bill

Explanatory Notes

New section 45AZF Sections 45AZA and 45AZB: compliance notices

445 New section 45AZF concerns compliance notices that the Environment Agency may issue in relation to the duties in new sections 45AZA and 45AZB.

446 Subsection (1) concerns the Environment Agency issuing compliance notices to persons, other than waste collection authorities, who are parties to the arrangements to collect household waste from non-domestic premises (new section 45AZA duties). This will include hospitals, schools, universities and nursing homes. Compliance notices can also be issued to persons, other than waste collection authorities, who are parties to arrangements to collect industrial and commercial waste that is similar in nature and composition to household waste (new section 45AZB duties). The Environment Agency may issue a compliance notice where a person is failing to comply with their duties in relation to the collection of waste under new sections 45AZA or 45AZB.

447 Subsection (2) allows the Environment Agency to issue a compliance notice requiring specified steps to rectify the failure within a specified time. This is so that the person in receipt of the notice can take the action detailed in the notice, so that the failure does not carry on.

448 Subsection (3) sets out what the compliance notice must include in order to be valid. This includes the specific failures to comply with new section 45AZA (household waste from non-domestic premises) or new section 45AZB (industrial and commercial waste), the specific steps to be taken to sort out the failure, the time period within which these steps must be taken, and information on the rights of appeal.

449 Subsection (4) sets out that if a person fails to comply with a compliance notice, they are committing an offence. Under subsection (5), a person who commits such an offence will have to pay a fine if convicted.


Prepared 29th January 2020