Waste

March 19th, 2018

The Waste Enforcement (England and Wales) Regulations 2018, SI 2018/369, enhances powers to tackle illegal activity at waste sites. It gives waste regulation authorities and waste collection authorities in England and Wales the power by notice to require waste from a site to be removed where it has been unlawfully kept or disposed of, including waste that was initially lawfully deposited. It also gives the Environment Agency and Natural Resource Body for Wales the power, by notice or by application to Court for an order, to restrict access and the importation of waste to premises.

The instrument inserts new Sections 59ZB and 59ZC into the Environmental Protection Act 1990, allowing waste regulation authorities and waste collections authorities (defined in Section 30 of that Act) to issue a notice on the occupier or owner of land to remove unlawfully kept or disposed of waste and to take specified step to eliminate or reduce the consequences of the unlawful keeping or disposal of waste. The new Sections supplement existing powers in Sections 59 and 59ZA of that Act.

The instrument also inserts new Sections 109A to 109N into the Environment Act 995, allowing the Environment Agency (in respect of England) and the Natural Resource Body for Wales (in respect of Wales) to restrict access to premises and the importation of waste into premises for up to 72 hours by issuing a restriction notice where there is a risk of serious pollution to the environment or serious harm to human health as a result of the treatment, keeping, deposit or disposal of waste and the notice s necessary to prevent that risk from continuing. Access to premises and the importation of waste can be restricted for up to 6 months by the making of a restriction order by a Court on application by the Environment Agency or the Natural Resource Body for Wales. The new Sections supplement existing powers in Sections 08 and 109 of that Act.

The changes are being made in connection with Directive 2008/98/EC of the European Parliament and of the Council on waste.

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