Collection of household waste

A.1 Under Section 45 (Collection of controlled waste) of the Environmental Protection Act 1990, local authorities have a general duty to collect household waste within their area without charge.

A.2 Under Section 46 (Receptacles for household waste) of the Environmental Protection Act 1990, the local authority may require:

a. waste of certain types to be stored separately so that it can be recycled;

b. occupiers of dwellings to provide containers of a specified type for storage of waste;

c. additional containers to be provided for separate storage of recyclable waste;

d. locations where containers should be placed for emptying.

Collection of commercial and industrial waste

A.3 Under Section 45 (Collection of controlled waste) of the Environmental Protection Act 1990, local authorities may also have a duty to collect commercial waste within their area where requested and they may also collect industrial waste. A charge may be levied for such services.

A.4 Under Section 47 (Receptacles for commercial or industrial waste) of the Environmental Protection Act 1990, the local authority may still require:

a. waste of certain types to be stored separately so that it can be recycled;

b. occupiers to provide containers of a specified type for storage of waste;

c. additional containers to be provided for separate storage of recyclable waste;

d. locations where containers should be placed for emptying.

Access for removal of waste to be maintained

A.5 Under Section 23 (Provision of facilities for refuse) subsection (3) of the Building Act 1984, it is unlawful to obstruct the access (such as those specified in Requirement H6 of the Building Regulations) provided for removal of waste without the consent of the local authority. In giving their consent, the local authority may specify conditions regarding the provision of an alternative means of access for removal of refuse.

Appendix H6-A: Relevant waste collection legislation