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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. |
Single point member resources
Experience tells us that our clients encounter significant difficulty in obtaining a quick and reliable source for information, whether legal, procedural or tactical. Simple solutions are often overlooked as they are simply not identified.
Environmental legislation changes regularly and with a dizzying array of alterations and amendments, often to the primary Acts themselves. Other sites tend to support only certain specific professional disciplines, such as planning, licensing or environmental health.
Our member site contains a wide variety of resources and takes a holistic approach to the local environment. Our resources are solutions based and therefore cover all aspects of legislation and tactics, regardless of their historical divisions. We also provide direct links to other useful sites and information banks.
To take forward that holistic approach, our members can expect access to all of the following:
Experience tells us that our clients encounter significant difficulty in obtaining a quick and reliable source for information, whether legal, procedural or tactical. Simple solutions are often overlooked as they are simply not identified.
Environmental legislation changes regularly and with a dizzying array of alterations and amendments, often to the primary Acts themselves. Other sites tend to support only certain specific professional disciplines, such as planning, licensing or environmental health.
Our member site contains a wide variety of resources and takes a holistic approach to the local environment. Our resources are solutions based and therefore cover all aspects of legislation and tactics, regardless of their historical divisions. We also provide direct links to other useful sites and information banks.
To take forward that holistic approach, our members can expect access to all of the following:
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