The Waste Enforcement (England and Wales) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Environmental Protection Act 1990 (c. 43) and the Environment Act 1995 (c. 25) for England and Wales in connection with Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ L 312 22.11.2008, p. 3).

Regulation 2 amends the Environmental Protection Act 1990 by inserting sections 59ZB and 59ZC. These sections give a waste regulation authority or waste collection authority (defined respectively in section 30(1) and (3) of the Environmental Protection Act 1990) the power to issue a notice in respect of waste which is unlawfully kept or disposed of in or on land within the authority’s area. A notice may be issued on the occupier of the land or (in the circumstances in section 59ZC(2) to (4)) on the owner of the land, and may include requirements to remove waste and take steps (to be specified in the notice) to eliminate or reduce the consequences of the unlawful keeping or disposal.

A person who fails without reasonable excuse to comply with a requirement is guilty of an offence (sections 59ZB(6) and 59ZC(4)). A requirement may be appealed. A waste regulation authority or waste collection authority may also take the required action and recover the costs of doing so from the occupier or owner of the land or from any other person who knowingly caused or permitted the keeping or disposal of the waste (section 59ZB(7) to (9)).

Regulation 3 amends the Environment Act 1995 by inserting sections 109A to 109N. These sections give the Environment Agency and the Natural Resources Body for Wales (“the regulators”) the power to issue a “restriction notice” and to apply to the courts for a “restriction order”. A restriction notice (section 109A) is a notice prohibiting access and the importation of waste to premises for a period specified in the notice of no more than 72 hours. This can only be issued where a person authorised by the regulator is satisfied in accordance with section 109A(2).

A restriction order (section 109D) is an order made by the courts which prohibits access and the importation of waste to the premises for a period specified in the order, which may not exceed 6 months. It can be extended, varied or discharged (sections 109F and 109G). A decision of the courts may be appealed (section 109L).

A regulator may apply to the courts for reimbursement of expenditure for the purpose of securing premises in respect of which a restriction order is in force (section 109K). On application from an occupier or the owner of other premises to which access was impeded by a restriction notice or restriction order, a court may order the regulator to pay compensation to that person in respect of financial loss incurred in consequence of the notice or order. The court may order such compensation to be paid where it considers that it is appropriate to do so (section 109M).

Regulation 4 contains transitional provision in respect of the amendments made by regulation 2.

An impact assessment has not been produced for this instrument in relation to England as no, or no significant, impact on the private, voluntary or public sector is foreseen.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations in relation to Wales. A copy can be obtained from the Waste Regulation Policy Team, Department for Environment and Rural Affairs, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.