New section 45AZG Sections 45AZA and 45AZB: appeals against compliance notices
450 New section 45AZG concerns appeals against compliance notices (for which see above).
451 Subsection (1) sets out that a person who is given a compliance notice may appeal to the First-tier Tribunal against the notice, or any requirement in the notice.
452 Subsection (2) clarifies that the notice will take effect unless a tribunal decides otherwise. This means that the compliance notice will still have effect, even if the person appeals, until the tribunal quashes or varies the notice or otherwise decides that the notice should not have effect.
453 Subsection (3) lists the steps that the tribunal may take in relation to a compliance notice that has been appealed. The tribunal may quash, confirm or vary the notice or requirement. The tribunal may take any steps the Environment Agency could take in relation to the failure giving rise to the notice or requirement. The tribunal may also send any matter relating to the notice or requirement to the Environment Agency.
454 Subsection (5) of clause 54 amends section 46(2) of the Environmental Protection Act 1990, which relates to receptacles for household waste. This allows Welsh collection authorities to require persons to use separate bins (or compartments) for waste that will be recycled and for waste that will not be recycled. It also allows English waste collection authorities to require persons to use separate bins (or compartments) to help that authority to comply with its duties under new sections 45A or 45AZA.
455 Subsection (6) of clause 54 inserts additional wording into section 47(3) of the Environmental Protection Act 1990, which relates to receptacles for commercial or industrial waste. This wording enables an English waste collection authority to require separate bins or bins with separate compartments in order to comply with the separate collection requirements set out in new section 45AZB relating to commercial and industrial waste.
456 Subsection (7) of clause 54 inserts an additional entry relating to regulations made under new section 45AZC into the table set out in subsection (2) of new section 160A of the Environment Protection Act 1990. New section 160A deals with parliamentary procedure for orders and regulations made under that Act. The effect of the amendment is that any regulations made under new section 45AZC will be subject to the affirmative parliamentary procedure.
457 Subsection (8) of clause 54 inserts some additional wording into section 41(1) of the Environment Act 1995. The effect is that the Environment Agency can create a charging scheme to recover its costs in performing duties relating to new sections 45A to 45AZB of the Environmental Protection Act 1990.
458 Subsection (9) of clause 54 amends section 108(15) of the Environment Act 1995 to clarify that the new duties under new sections 45A to 45AZB of the Environmental Protection Act 1990 are not included in the definition of pollution control functions for the purposes of section 108 Environmental Act 1995 powers of entry. The effect of this amendment is that powers of entry and seizure cannot be used in relation to these new duties.
Clause 55: Electronic waste tracking: Great Britain
459 Clause 55 amends the Environmental Protection Act 1990 to create powers to introduce electronic (digital) waste tracking in England, Wales and Scotland, and to establish an electronic system for that purpose by regulations.
460 Subsection (1) introduces amendments that will be made to the Environmental Protection Act 1990 by subsections (2) and (3).
461 Subsection (2) inserts new sections 34CA and 34CB into the Environmental Protection Act 1990. The effect of these two new sections is detailed below.