Clean Neighbourhoods and Environment Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
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42
Investigation and enforcement costs
(1)
After section 33 of the Environmental Protection Act 1990 (c. 43) insert—
“33A
Section 33 offences: investigation and enforcement costs
(1)
This section applies where a person is convicted of an offence under
section 33 above in respect of a contravention of subsection (1) of that
5
section.
(2)
The court by or before which the offender is convicted may make an
order requiring him to pay to an enforcement authority a sum which
appears to the court not to exceed the costs arising from—
(a)
investigations of the enforcement authority which resulted in
10
the conviction; and
(b)
the seizure by the enforcement authority under section 34B
below of a vehicle involved in the offence.
(3)
The costs arising from the seizure of a vehicle as specified in subsection
(2)(b) above may include the cost of disposing of the contents of the
15
vehicle.
(4)
The power of a court to make an order under this section is in addition
to its power to make an order under section 18 of the Prosecution of
Offences Act 1985 (award of costs against accused).
(5)
In this section “enforcement authority” means the Environment
20
Agency or a waste collection authority.”
(2)
This section does not have effect in relation to an offence under section 33 of
that Act committed before the commencement of this section.
43
Clean-up costs
(1)
After section 33A of the Environmental Protection Act 1990 (as inserted by
25
section 42 above) insert—
“33B
Section 33 offences: clean-up costs
(1)
This section applies where a person is convicted of an offence under
section 33 above in respect of a contravention of subsection (1) of that
section consisting of the deposit or disposal of controlled waste.
30
(2)
The reference in section 130(1)(a) of the Powers of Criminal Courts
(Sentencing) Act 2000 (compensation orders) to loss or damage
resulting from the offence includes costs incurred or to be incurred by
a relevant person in—
(a)
removing the waste deposited or disposed of in or on the land;
35
(b)
taking other steps to eliminate or reduce the consequences of
the deposit or disposal; or
(c)
both.
(3)
In subsection (2) above “relevant person” means—
(a)
the Environment Agency;
40
(b)
a waste collection authority;
(c)
the occupier of the land;

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Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
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(d)
the owner of the land (within the meaning of section 78A(9)
below).
(4)
The reference in subsection (2) above to costs incurred does not, in the
case of the Environment Agency or a waste collection authority,
include any costs which the Agency or authority has already recovered
5
under section 59(8) below.
(5)
In relation to the costs referred to in subsection (2) above, the reference
in section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(limit on amount payable) to £5000 is instead to be construed as a
reference to the amount of those costs (or, if the costs have not yet been
10
incurred, the likely amount).”
(2)
In section 59 of that Act (power to require removal of waste unlawfully
deposited), after subsection (8) insert—
“(8A)
An authority may not recover costs under subsection (8) above if a
compensation order has been made under section 130 of the Powers of
15
Criminal Courts (Sentencing) Act 2000 in favour of the authority in
respect of any part of those costs.
(8B)
Subsection (8A) does not apply if the order is set aside on appeal.”
(3)
This section does not have effect in relation to an offence under section 33 of
that Act committed before the commencement of this section.
20
44
Forfeiture of vehicles
(1)
In the Environmental Protection Act 1990 (c. 43), after section 33B (as inserted
by section 43 above) insert—
“33C
Section 33 offences: forfeiture of vehicles
(1)
This section applies where a person is convicted of an offence under
25
section 33 above in respect of a contravention of subsection (1) of that
section consisting of the deposit or disposal of controlled waste.
(2)
The court by or before which the offender is convicted may make an
order under this section if—
(a)
the court is satisfied that a vehicle was used in or for the
30
purposes of the commission of the offence; and
(b)
at the time of his conviction the offender has rights in the
vehicle.
(3)
An order under this section operates to deprive the offender of his
rights in the vehicle (including its fuel) at the time of his conviction and
35
to vest those rights in the relevant enforcement authority.
(4)
In a case where a vehicle has been seized under section 34B below and
the offender retains rights in any of the vehicle’s contents, an order
under this section may, if and to the extent that it so specifies, deprive
the offender of those rights and vest them in the relevant enforcement
40
authority.
(5)
Where an order under this section is made, the relevant enforcement
authority may take possession of the vehicle (if it has not already done
so under section 34C below).

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
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(6)
The court may make an order under this section whether or not it also
deals with the offender in any other way in respect of the offence of
which he is convicted.
(7)
In considering whether to make an order under this section a court
must in particular have regard to—
5
(a)
the value of the vehicle;
(b)
the likely financial and other effects on the offender of the
making of the order (taken together with any other order that
the court contemplates making);
(c)
the offender’s need to use the vehicle for lawful purposes;
10
(d)
whether, in a case where it appears to the court that the offender
is engaged in a business which consists wholly or partly in
activities which are unlawful by virtue of section 33 above, the
making of the order is likely to inhibit the offender from
engaging in further such activities.
15
(8)
Section 143 of the Powers of Criminal Courts (Sentencing) Act 2000
(power to deprive offender of property) does not apply in any case
where this section applies.
(9)
For the purposes of this section, where a vehicle or its contents have
been seized under section 34B below in connection with the offence
20
referred to in subsection (1) above, any transfer by the offender after the
seizure and before his conviction of any of his rights in the vehicle or its
contents is of no effect.
(10)
In this section—
“relevant enforcement authority” means—
25
(a)
the Environment Agency, where the proceedings in
respect of the offence have been brought by or on behalf
of the Agency, or
(b)
in any other case, the waste collection authority in
whose area the offence was committed;
30
“vehicle” means any motor vehicle or trailer within the meaning
of the Road Traffic Regulation Act 1984 or any mobile plant.”
(2)
This section does not have effect in relation to an offence under section 33 of
that Act committed before the commencement of this section.
Offences relating to documentation
35
45
Failure to furnish documentation: fixed penalty notices
In the Environmental Protection Act 1990 (c. 43), after section 34 (duty of care
etc as respects waste) insert—
"34A
Fixed penalty notices for certain offences under section 34
(1)
This section applies where it appears to an enforcement authority that
40
a person has failed to comply with a duty to furnish documents to that
authority imposed under regulations made at any time under section
34(5) above.

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Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
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(2)
The authority may serve on that person a notice offering him the
opportunity of discharging any liability to conviction for an offence
under section 34(6) above by payment of a fixed penalty.
(3)
Where a person is given a notice under this section in respect of an
offence—
5
(a)
no proceedings may be instituted for that offence before
expiration of the period of fourteen days following the date of
the notice; and
(b)
he may not be convicted of that offence if he pays the fixed
penalty before the expiration of the period.
10
(4)
A notice under this section must give such particulars of the
circumstances alleged to constitute the offence as are necessary for
giving reasonable information of the offence.
(5)
A notice under this section must also state—
(a)
the period during which, by virtue of subsection (3) above,
15
proceedings will not be taken for the offence;
(b)
the amount of the fixed penalty; and
(c)
the person to whom and the address at which the fixed penalty
may be paid.
(6)
Without prejudice to payment by any other method, payment of the
20
fixed penalty may be made by pre-paying and posting a letter
containing the amount of the penalty (in cash or otherwise) to the
person mentioned in subsection (5)(c) above at the address so
mentioned.
(7)
Where a letter is sent in accordance with subsection (6) above payment
25
is to be regarded as having been made at the time at which that letter
would be delivered in the ordinary course of post.
(8)
The form of a notice under this section is to be such as the appropriate
person may by order prescribe.
(9)
The fixed penalty payable to an enforcement authority under this
30
section is, subject to subsection (10) below, £300.
(10)
The appropriate person may by order substitute a different amount for
the amount for the time being specified in subsection (9) above.
(11)
The enforcement authority to which a fixed penalty is payable under
this section may make provision for treating it as having been paid if a
35
lesser amount is paid before the end of a period specified by the
authority.
(12)
The appropriate person may by regulations restrict the extent to which,
and the circumstances in which, an enforcement authority may make
provision under subsection (11) above.
40
(13)
In any proceedings a certificate which—
(a)
purports to be signed on behalf of the chief finance officer of the
enforcement authority, and
(b)
states that payment of a fixed penalty was or was not received
by a date specified in the certificate,
45

is evidence of the facts stated.

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
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(14)
In this section—
“chief finance officer”, in relation to an enforcement authority,
means the person having responsibility for the financial affairs
of the authority;
“enforcement authority” means the Environment Agency or a
5
waste collection authority.”
Offences: powers of seizure
46
Power to search and seize vehicles
(1)
After section 34A of the Environmental Protection Act 1990 (c. 43) (as inserted
by section 45 above), insert—
10
“Offences under sections 33 and 34: powers of seizure etc
34B
Power to search and seize vehicles etc
(1)
This section applies where an authorised officer of an enforcement
authority or a constable reasonably believes that the grounds in
subsection (2) or (3) below exist.
15
(2)
The grounds in this subsection are that—
(a)
an offence under section 33 or 34 above has been committed,
(b)
a vehicle was used in the commission of the offence, and
(c)
proceedings for the offence have not yet been brought against
any person.
20
(3)
The grounds in this subsection are that—
(a)
an offence under section 33 or 34 above is being or is about to be
committed, and
(b)
a vehicle is being or is about to be used in the commission of the
offence.
25
(4)
The authorised officer or constable may—
(a)
search the vehicle;
(b)
seize the vehicle and any of its contents.
(5)
In acting under subsection (4) above the authorised officer or constable
may—
30
(a)
stop the vehicle (but only a constable in uniform may stop a
vehicle on any road);
(b)
enter any premises for the purpose of searching or seizing the
vehicle.
(6)
A vehicle or its contents seized under subsection (4) above—
35
(a)
by an authorised officer of an enforcement authority, are seized
on behalf of that authority;
(b)
by a constable in the presence of an authorised officer of an
enforcement authority, are seized on behalf of that authority;
(c)
by a constable without such an officer present, are seized on
40
behalf of the waste collection authority in whose area the
seizure takes place.

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
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(7)
A person commits an offence if—
(a)
he fails without reasonable excuse to give any assistance that an
authorised officer or constable may reasonably request in the
exercise of a power under subsection (4) or (5) above;
(b)
he otherwise intentionally obstructs an authorised officer or
5
constable in exercising that power.
(8)
Where an authorised officer or constable has stopped a vehicle under
subsection (5)(a) above, he may require any occupant of the vehicle to
give him—
(a)
the occupant’s name and address;
10
(b)
the name and address of the registered owner of the vehicle;
(c)
any other information he may reasonably request.
(9)
A person commits an offence if—
(a)
he fails without reasonable excuse to comply with a
requirement under subsection (8) above;
15
(b)
he gives information required under that subsection that is—
(i)
to his knowledge false or misleading in a material way,
or
(ii)
given recklessly and is false or misleading in a material
way.
20
(10)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(11)
In this section and section 34C below—
“authorised officer” means an officer of an enforcement authority
who is authorised in writing by the authority for the purposes
25
of this section;
“enforcement authority” means—
“(a)
the Environment Agency, or
(b)
a waste collection authority;
“road” has the same meaning as in the Road Traffic Regulation Act
30
1984;
“vehicle” means any motor vehicle or trailer within the meaning
of that Act or any mobile plant.
34C
Seizure of vehicles etc: supplementary
(1)
Where under section 34B above an authorised officer or constable
35
seizes a vehicle or its contents (“seized property”) on behalf of an
enforcement authority, the authority may remove the seized property
to such a place as it considers appropriate.
(2)
An enforcement authority must deal with any seized property in
accordance with regulations made by the appropriate person.
40
(3)
Regulations under subsection (2) above may in particular include
provision as to—
(a)
the duties of enforcement authorities in relation to the safe
custody of seized property;
(b)
the circumstances in which they must return any such property
45
to a person claiming entitlement to it;

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Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
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(c)
the manner in which such persons, and the seized property to
which they are entitled, may be determined;
(d)
the circumstances in which an enforcement authority may sell,
destroy or otherwise dispose of seized property;
(e)
the uses to which the proceeds of any such sale may be put.
5
(4)
Regulations making provision under subsection (3)(d) above—
(a)
must (subject to paragraph (c) below) require the enforcement
authority to publish a notice in such form, and to take any other
steps, as may be specified in the regulations for informing
persons who may be entitled to the seized property that it has
10
been seized and is available to be claimed;
(b)
must (subject to paragraph (c) below) prohibit the authority
from selling, destroying or otherwise disposing of any seized
property unless a period specified in the regulations has
expired without any obligation arising under the regulations
15
for the authority to return the property to any person;
(c)
may allow for the requirements in paragraphs (a) and (b) above
to be dispensed with if the condition of the seized property
requires its disposal without delay.
(5)
The appropriate person may issue guidance to enforcement authorities
20
in relation to the performance of their functions under regulations
under subsection (2) above.”
(2)
In section 71 of that Act (obtaining information from persons and
authorities)—
(a)
after subsection (2) insert—
25
“(2A)
A waste collection authority has the power referred to in
subsection (2) for the purpose of the discharge of its functions
under sections 34B and 34C above.”;
(b)
in subsection (3) after “subsection (2)” insert “or (2A)”.
Local authority waste collection and disposal
30
47
Abolition of requirement to contract out waste disposal functions
Section 32 of and Schedule 2 to the Environmental Protection Act 1990 (c. 43)
(power to require local authorities to transfer waste disposal functions etc to
specially formed companies) shall cease to have effect.
48
Offences relating to waste receptacles: fixed penalty notices
35
In the Environmental Protection Act 1990, after section 47 (receptacles for
commercial or industrial waste) insert—
“47ZA
Fixed penalty notices for offences under sections 46 and 47
(1)
This section applies where on any occasion an authorised officer of a
waste collection authority has reason to believe that a person has
40
committed an offence under section 46 or 47 above in the area of that
authority.