Consultation start: 16 January 2012
Consultation end: 9 March 2012

Summary

The purpose of this consultation is to seek views on proposed amendments to Section 46 of the Environmental Protection Act 1990, which sets out the penalties which local authorities may apply to householders who present their waste incorrectly for collection.

These amendments will abolish the criminal offence currently provided for in Section 46.  A new, civil sanction will be put in place instead.  Local authorities will continue to be able to issue fixed penalties in limited circumstances. “Harm to local amenity” will be introduced as a test before such a penalty can be imposed.  The test aims to ensure that penalties are targeted at those who behave in a way which reduces the quality of their neighbours’ surroundings.

The changes proposed in this consultation will apply in England only.  Questions in the document ask for views on various options for change.

This consultation lasts for eight weeks and closes on 9 March 2012.

How to respond

We welcome your views and comments on the proposals. Please send responses to:

Post: Defra Local Authority Enforcement Powers Consultation, Household and Local Authority Waste Team, 6D Ergon House, 17 Smith Square, London, SWIP 3JR.

Email: household.waste@defra.gsi.gov.uk

Downloads

13 January 2012

• Consultation letter (pdf, 82 KB)
• Consultation document (pdf, 242 KB)
• List of consultees (pdf, 12 KB)