The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In the Environmental Protection Act 1990, after section 34C insert—
(1)An occupier of premises in Wales must not—
(a)discharge food waste produced on or brought onto the premises, or
(b)knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged,
into a public sewer or a sewer or drain communicating with a public sewer.
(2)Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).
(3)A person commits an offence if, without reasonable excuse, the person contravenes subsection (1).
(4)A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.
(5)In subsection (1)—
“food waste” means controlled waste that—
has at any time been food (which for this purpose does not include drink) intended for human consumption, or
is biodegradable waste arising from the processing or preparation of food or drink,
but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink;
“drain”, “public sewer” and “sewer” have the meanings given in section 219(1) of the Water Industry Act 1991.
(6)The Welsh Ministers may by regulations—
(a)provide for subsection (1) to apply only in circumstances specified in the regulations;
(b)make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2);
(c)amend the definition of “food waste” in subsection (5).
(7)Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.”
(2)In section 118 of the Water Industry Act 1991 (c. 56)—
(a)in subsection (1), after “trade premises” insert “ in England ”;
(b)after subsection (1) insert—
“(1A) Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker's public sewers if the occupier does so with the undertaker's consent.”
In the Waste (Wales) Measure 2010 (nawm 8), after section 9 insert—
(1)The Welsh Ministers may by regulations make provision for and in connection with prohibiting or otherwise regulating the incineration in Wales of specified kinds of waste.
(2)Regulations under subsection (1) may (among other things)—
(a)amend regulations made under section 2 of the Pollution Prevention and Control Act 1999 which relate to the operation of waste incineration plants or waste co-incineration plants;
(b)provide for offences in relation to failure to comply with provision made under the regulations;
(c)provide for penalties in relation to such offences;
(d)provide for enforcement authorities and the functions of such authorities.
(3)In this section—
“incineration” (“llosgi”), in relation to waste, means—
incineration of the waste in a waste incineration plant or waste co-incineration plant, and
any other thermal treatment of the waste prior to its incineration;
“waste incineration plant” (“peiriant llosgi gwastraff”) has the meaning given in Article 3(40) of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);
“waste co-incineration plant” (“peiriant cydlosgi gwastraff”) has the meaning given in Article 3(41) of that Directive.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: