Search Legislation

Environment (Wales) Act 2016

Changes over time for: PART 4

 Help about opening options

Alternative versions:

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

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:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Environment (Wales) Act 2016, PART 4 . Help about Changes to Legislation

Close

Changes to Legislation

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.

PART 4 E+WCOLLECTION AND DISPOSAL OF WASTE

Separate collection etc. of wasteE+W

65Requirements relating to separate collection etc. of wasteE+W

In the Environmental Protection Act 1990 (c. 43), after section 45A insert—

45AAWales: separate collection etc. of waste

(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.

45ABCode of practice

(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.

Commencement Information

I1S. 65 in force at 18.10.2023 by S.I. 2023/1096, art. 2(a)

Disposal of wasteE+W

Prospective

66Prohibition on disposal of food waste to sewerE+W

(1)In the Environmental Protection Act 1990, after section 34C insert—

Wales: disposal of food wasteE+W
34DProhibition on disposal of food waste to sewer

(1)An occupier of premises in Wales must not—

(a)discharge food waste produced on or brought onto the premises, or

(b)knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged,

into a public sewer or a sewer or drain communicating with a public sewer.

(2)Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).

(3)A person commits an offence if, without reasonable excuse, the person contravenes subsection (1).

(4)A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.

(5)In subsection (1)—

  • food waste” means controlled waste that—

    (a)

    has at any time been food (which for this purpose does not include drink) intended for human consumption, or

    (b)

    is biodegradable waste arising from the processing or preparation of food or drink,

    but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink;

  • drain”, “public sewer” and “sewer” have the meanings given in section 219(1) of the Water Industry Act 1991.

(6)The Welsh Ministers may by regulations—

(a)provide for subsection (1) to apply only in circumstances specified in the regulations;

(b)make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2);

(c)amend the definition of “food waste” in subsection (5).

(7)Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.

(2)In section 118 of the Water Industry Act 1991 (c. 56)—

(a)in subsection (1), after “trade premises” insert “ in England ”;

(b)after subsection (1) insert—

(1A) Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker's public sewers if the occupier does so with the undertaker's consent.

67Power to prohibit or regulate disposal of waste by incinerationE+W

In the Waste (Wales) Measure 2010 (nawm 8), after section 9 insert—

9ARegulations prohibiting incineration of waste

(1)The Welsh Ministers may by regulations make provision for and in connection with prohibiting or otherwise regulating the incineration in Wales of specified kinds of waste.

(2)Regulations under subsection (1) may (among other things)—

(a)amend regulations made under section 2 of the Pollution Prevention and Control Act 1999 which relate to the operation of waste incineration plants or waste co-incineration plants;

(b)provide for offences in relation to failure to comply with provision made under the regulations;

(c)provide for penalties in relation to such offences;

(d)provide for enforcement authorities and the functions of such authorities.

(3)In this section—

  • incineration” (“llosgi”), in relation to waste, means—

    (a)

    incineration of the waste in a waste incineration plant or waste co-incineration plant, and

    (b)

    any other thermal treatment of the waste prior to its incineration;

  • waste incineration plant” (“peiriant llosgi gwastraff”) has the meaning given in Article 3(40) of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);

  • waste co-incineration plant” (“peiriant cydlosgi gwastraff”) has the meaning given in Article 3(41) of that Directive.

Commencement Information

I2S. 67 in force at 18.10.2023 by S.I. 2023/1096, art. 2(b)

EnforcementE+W

68Civil sanctionsE+W

(1)For the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (c. 13) (“RESA 2008”), the offences under sections 34D and 45AA of the Environmental Protection Act 1990 (as inserted by sections 65 and 66) are to be treated as having been contained in that Act immediately before the day on which RESA 2008 was passed.

(2)Section 10 of the Waste (Wales) Measure 2010 is amended as follows.

(3)In the title, for “the deposit of waste in a landfill” substitute “ offences created by regulations under sections 9 and 9A ”.

(4)In subsection (1), after “9(1)” insert “ or 9A(1) ”.

(5)In subsection (2), for “Regulations under section 9(1) may” substitute “ The power may be exercised to ”.

(6)For subsection (3) substitute—

(3)But sections 39(4) and 42(6) of RESA 2008 do not apply to the provision that may be made by regulations under section 9(1) or 9A(1) by virtue of subsection (2).

(7)In subsection (4), for “to provision made under or by virtue of regulations under subsection (2) as they apply to provision” substitute “ where regulations under section 9(1) or 9A(1) make provision by virtue of subsection (2) as they apply where provision is ”.

(8)In subsection (6), after “9(1)” insert “ or 9A(1) (as appropriate) ”.

Commencement Information

I3S. 68 in force at 18.10.2023 by S.I. 2023/1096, art. 2(c)

GeneralE+W

69RegulationsE+W

(1)Section 161 of the Environmental Protection Act 1990 (regulations, orders and directions) is amended in accordance with subsections (2) to (4).

(2)In subsection (1), for “National Assembly for Wales” substitute “ the Welsh Ministers ”.

(3)In subsection (2A), for “made solely by the National Assembly for Wales” substitute “ containing regulations made solely by the Welsh Ministers ”.

(4)After subsection (2A) insert—

(2AA)A statutory instrument containing regulations under section 34D or 45AA(10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(2AB)Any other statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5)In section 20(3) of the Waste (Wales) Measure 2010 (orders and regulations requiring approval of National Assembly for Wales), after “9,” insert “ 9A ”.

Commencement Information

I4S. 69(5) in force at 18.10.2023 by S.I. 2023/1096, art. 2(d)

70Minor and consequential amendments and repealsE+W

Part 3 of Schedule 2 contains minor and consequential amendments and repeals relating to this Part.

Commencement Information

I5S. 70 in force at 18.10.2023 by S.I. 2023/1096, art. 2(e)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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 Welsh Parliament.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources