Helping you understand Welsh law

Waste

The regulation of waste on land is principally provided for by the Environmental Protection Act 1990 (EPA 1990). Part II deals with waste on land and Part IV deals with litter. Functions under these Parts are generally conferred on the Welsh Ministers.

Part II of the EPA sets out powers and duties of local authorities in respect of collecting and disposing of waste. It also contains a prohibition on the unauthorised deposit of waste on land.

Part IV is currently the main law relating to litter in Wales. It makes it an offence to drop litter and places duties on local authorities and others to keep highways clear of litter. Some of the law about litter in Part IV will be replaced when new provisions in the Anti-social Behaviour, Crime and Policing Act 2014 are brought into force.

Regulations made under the Pollution Prevention and Control Act 1999 are the main way by which European Union law on waste is implemented - for example, the law on landfill and  incineration.

The Waste (Wales) Measure 2010 (passed by the National Assembly for Wales) contains,  among others things, recycling targets for Welsh local authorities and powers for the Welsh Ministers (not yet used) to prohibit specified types of waste being put into landfill sites.

The Welsh Government introduced the Environment (Wales) Bill into the National Assembly for Wales in May 2015. It proposes new powers for the Welsh Ministers in relation to waste recycling (including the separate collection of waste) and food waste treatment.

The Assembly has legislative competence in relation to the prevention, reduction, collection, management, treatment and disposal of waste.

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