Waste Management Act 1996

Collection of waste.

33

33. (1) (a) Each local authority shall collect, or arrange for the collection of, household waste within its functional area.

( b) The corporation of a borough (other than a county borough) or the council of an urban district may collect, or arrange for the collection of, household waste.

(2) Subsection (1) (a) shall not apply to household waste in any part of a local authority's functional area to the extent that any of the conditions mentioned in subsection (3) applies to that part or, as appropriate, to that household waste.

(3) The conditions referred to in subsection (2) are—

( a) an adequate waste collection service is available in the part concerned of the local authority's functional area,

( b) the estimated costs of the collection of the waste concerned by the local authority would, in the opinion of the authority, be unreasonably high,

( c) the local authority is satisfied that adequate arrangements for the disposal of the waste concerned can reasonably be made by the holder of the waste.

(4) A local authority may collect, or arrange for the collection of waste, other than household waste.

(5) A local authority may enter into arrangements with one or more other local authorities, or with one or more other persons, for the collection on its behalf by the said authority or authorities or, as the case may be, by the said person or persons, of waste in its functional area or in a part or parts of that area.

(6) Notwithstanding any other provision of this Act, a local authority shall be under no duty to collect, or arrange for the collection of, waste from any person—

( a) if any provision of bye-laws under section 35 regarding the presentation of the waste for collection is not complied with F104 [ (and, for the avoidance of doubt, such a provision includes the provision referred to in section 35(3)(gg) ) ], or

F104 [ ( aa ) if any provision of an order under section 75(10) in relation to the waste is not complied with, or

( aaa ) if that person has failed to pay a charge made under section 75 or the Local Government (Financial Provisions) (No. 2) Act 1983 in respect of the collection of the waste concerned, or ]

( b) if the waste contains any product or substance or packaging therefor in contravention of regulations under section 29 .

(7) Waste collected or recovered by a local authority shall become the property of the authority.

(8) ( a) A person shall not, without lawful authority, disturb, interfere with or remove—

(i) anything deposited at a facility provided by or on behalf of a local authority or an authorised waste collector for the deposit or storage of waste, or any plant, including any receptacles therein,

(ii) anything deposited in a receptacle for waste, whether such receptacle is for the use by members of the public or otherwise.

( b) A person shall not obstruct or interfere with the collection of waste by a local authority or an authorised waste collector.

( c) A person who contravenes paragraph (a) or (b) shall be guilty of an offence.

(9) For the purpose of this section, other than subsection (1), “ local authority” includes the corporation of a borough of any kind and the council of an urban district.

Annotations

Amendments:

F104

Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 30, S.I. No. 393 of 2003.