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A
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Bill
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[AS AMENDED IN STANDING COMMITTEE F]
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To
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Make further provision
regarding the collection, composting and recycling of
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household waste; and for connected purposes.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Arrangements
for separate collection of recyclable waste
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After section 45 of the Environmental Protection
Act 1990 (c. 43) there is
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inserted—
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“45A Arrangements
for separate collection of recyclable waste
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(1) This
section applies to any waste collection authority whose area is in
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England
(an “English waste collection authority”).
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(2) Where
an English waste collection authority has a duty by virtue of
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section
45(1)(a) above to arrange for the collection of household waste
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from
any premises, the authority shall ensure that the arrangements it
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makes
in relation to those premises include the arrangements
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mentioned
in subsection (3) below, unless it is satisfied that (in that
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case)—
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(a) the
cost of doing so would be unreasonably high; or
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(b) comparable
alternative arrangements are available.
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(3) The
arrangements are arrangements for the collection of at least two
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types
of recyclable waste together or individually separated from the
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rest
of the household waste.
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(4) The
requirement in subsection (2) above shall apply from 31st
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December
2010.
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(5) The
Secretary of State may, if requested to do so by an English waste
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collection
authority, direct the authority that subsection (4) above shall
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have
effect in relation to that authority as if the date mentioned there
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were
such later date as may be specified in the direction (being a date
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no
later than 31st December 2015).
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(6) In
this section, “recyclable waste” means household waste which
is
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capable
of being recycled or composted.”
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2 Recycling
and composting: duty to report to Parliament
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After section 47 of the Environmental Protection
Act 1990 (c. 43) there is
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inserted—
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“47A Recycling
and composting: duty to report to Parliament
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(1) Not
later than 31st October 2004, the Secretary of State shall lay before
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each
House of Parliament a report of the performance—
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(a) of
each English waste authority in meeting its recycling and
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composting
standards (if any); and
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(b) of
each English waste collection authority towards meeting the
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requirement
imposed by section 45A(2) above.
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(2) In
this section—
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“English
waste authority” means a waste collection authority or a
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waste
disposal authority whose area is in England;
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“English
waste collection authority” means a waste collection
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authority
whose area is in England; and
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“recycling
and composting standards” means, in relation to an
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English
waste authority, such performance standards and
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performance
indicators (if any) as may be specified for that
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authority
in an order made under section 4 of the Local
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Government
Act 1999 in connection with the recycling and
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composting
of household waste.”
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3 Minor
amendment
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In section 164 of the Environmental Protection
Act 1990 (short title,
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commencement and extent), after subsection
(4) there is inserted—
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“(4A) Sections
45A and 47A do not extend to Scotland.”
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4 Short
title, commencement and extent
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(1) This
Act may be cited as the Household Waste Recycling Act 2003.
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(2) This
Act comes into force at the end of the period of two months beginning
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with the day on which it is passed.
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(3) This
Act extends to England and Wales only.
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