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.
In the Environmental Protection Act 1990 (c. 43), after section 45A insert—
(1)Where a waste collection authority in Wales arranges for the collection of controlled waste in its area under section 45, it must arrange for the waste to be collected in accordance with any applicable separation requirements.
(2)A person acting in the course of a business who—
(a)collects controlled waste from premises in Wales, or
(b)receives, keeps, treats or transports controlled waste in Wales,
must do so in accordance with any applicable separation requirements.
(3)For the purposes of subsection (2), a person is acting in the course of a business if the person is—
(a)carrying on any business or undertaking, whether for profit or not, or
(b)exercising any functions of a public nature.
(4)An occupier of premises in Wales who presents controlled waste for collection (whether by a waste collection authority or by any other person) must do so in accordance with any applicable separation requirements.
(5)Subsection (4) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).
(6)A separation requirement is a requirement to take steps specified in regulations made by the Welsh Ministers for the purpose of ensuring or maintaining the separation of one or more types of waste from other types of waste or from other substances or articles.
(7)A separation requirement is applicable in the circumstances specified in relation to that requirement in regulations made by the Welsh Ministers.
(8)A person commits an offence if the person fails without reasonable excuse to comply with subsection (2) or (4).
(9)A person who commits an offence under subsection (8) is liable on summary conviction, or on conviction on indictment, to a fine.
(10)The Welsh Ministers may by regulations make provision (which may include provision amending this section)—
(a)for subsection (1) or (2) to apply subject to exceptions;
(b)for subsection (4) to apply subject to exceptions in addition to those in subsection (5).
(11)Regulations under this section may make different provision for different purposes, different cases (including different persons, premises or types of waste) and different areas.
(1)The Welsh Ministers may issue one or more codes of practice for the purpose of giving practical guidance about how to comply with requirements imposed by or under section 45AA.
(2)The Welsh Ministers may revoke or revise a code of practice issued under this section.
(3)Before issuing a code of practice (or revised code), the Welsh Ministers must consult such persons as they think appropriate.
(4)Where the Welsh Ministers issue a code of practice (or revised code) they must—
(a)publish the code, and
(b)lay a copy before the National Assembly for Wales.
(5)A code of practice issued under this section is admissible in evidence in any proceedings and must be taken into account by a court in determining any question to which it appears to the court to be relevant.”
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: