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Can local authorities require bins to be brought in off highway by section 46 EPA?
Answer:
YES. It is interesting that recent indications from the government suggest the government is considering legislation to prevent the issue of penalties for failing to bring bins back in - this does of course suggest that the government accepts that such powers do currently exist. The situation remains the same notwithstanding the waste review, as the government acknowledges that removal of criminal penalty powers will require amendment of primary legislation.
Membership fees start from as little as £900 per annum, per organisation.
Used well, our membership service has no real cost and can save money for our clients – how?
Answer:
YES. It is interesting that recent indications from the government suggest the government is considering legislation to prevent the issue of penalties for failing to bring bins back in - this does of course suggest that the government accepts that such powers do currently exist. The situation remains the same notwithstanding the waste review, as the government acknowledges that removal of criminal penalty powers will require amendment of primary legislation.
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Continues...... Regardless of the fact that several authorities have already obtained convictions in relation to non-compliance with such requirements, the answer is contained in section 46 itself: Section 46 provides that no requirement may be made to place a receptacle on highway unless consent has been obtained from the highway authority and there are sufficient insurance arrangements in place. No highway authority may give open ended consent to widespread obstruction of highway. Placement for collections necessarily involves recovery of any such receptacle as an essential part of that same process. To place a receptacle on highway and to leave it there is not a placement for collection, but an occupation of highway as a waste storage facility. Of course, in London, this is strengthened further by an amendment to section 46 that specifically states that requirements may be made to prevent detriment to amenity generally. I would add that the leaving of waste receptacles on highway is not only unsightly and obstructive but in many areas is known to be a significant contributor to other anti-social behaviour, such as arson and burglaries. |
Who we are - What we do
We are specialists in all aspects of local environmental management and regulation.
Mallard Consultancy was founded in 1996 and provides a comprehensive consultancy service:
Our founder, David Armstrong, is widely known to public sector agencies as “the Wig”, consultant and adviser to Keep Britain Tidy and the Keep Britain Tidy Network.
We are also members of the Unique Places Network, an association of acknowledged experts in management of the public realm. All Mallard clients have access to the broader range of services available through the Unique Places Network. As a part of the Unique Places Network we can offer a complete health check for local authorities, using specialist experts in each field, from procurement, to management, design, procedures, regulation and even media and marketing.
Cases | Questions | Offence Guides | Procedural guides | Notices | Contact us
We are specialists in all aspects of local environmental management and regulation.
Mallard Consultancy was founded in 1996 and provides a comprehensive consultancy service:
- Training
- Troubleshooting
- Procedural evaluation and re-write services
- Single point member resources
- Ongoing member support services
Our founder, David Armstrong, is widely known to public sector agencies as “the Wig”, consultant and adviser to Keep Britain Tidy and the Keep Britain Tidy Network.
We are also members of the Unique Places Network, an association of acknowledged experts in management of the public realm. All Mallard clients have access to the broader range of services available through the Unique Places Network. As a part of the Unique Places Network we can offer a complete health check for local authorities, using specialist experts in each field, from procurement, to management, design, procedures, regulation and even media and marketing.
Cases | Questions | Offence Guides | Procedural guides | Notices | Contact us
October 2011.
The proposed clause 23 and 33 amendments to the Localism Bill
However, the proposed amendment has at least provoked some movement to amend the litter offence to enable better regulation of litter from vehicles -
On 5th September the House of Lords by Order moved a revised third list of amendments to the Localism Bill. The following amendment is proposed in this Order:
The Waste (England and Wales) Regulations 2011
These regulations have caused a lot of confusion for local authorities. The regulations do not take away local authority enforcement powers concerning unlawful waste transportation.
However, there are a few very subtle changes that could easily catch out a local authority seeking to discourage unlawful transportation in its area. Notably, there are amendments to the conditions applying to the need to register and the categories of persons who may not be prosecuted immediately by a local authority.