Recycling plans by collection authorities - EPA 1990 s.49
Waste collection authorities are required to prepare a recycling plan for their area and review it annually, with copies to the Secretary of State.
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Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Each waste collection authority (typically the local council responsible for household waste) must draw up a written plan for recycling waste in its area. The plan must set out the authority's proposals for meeting its recycling duties.
The plan must be reviewed every year, and the council must send a copy to the Secretary of State (the national environment minister). In preparing or reviewing the plan, the council must have regard to any guidance issued by the Secretary of State.
This duty applies to waste collection authorities in England and Wales. Separate provision is made for Scotland under section 53 of this Act.
When it applies
- A council drafts a five-year recycling plan covering paper, glass, and plastic collections in its district.
- The council reviews its existing recycling plan after receiving new government guidance on food waste recycling.
- A resident requests a copy of the council's recycling plan to understand how the council intends to increase recycling rates.
- The Secretary of State issues a direction requiring a council to amend its plan to include targets for recycling of textiles.
- A council fails to review its recycling plan for two years, prompting a local environmental group to challenge the omission.
What this section does not say
- This section does not require councils to actually achieve any recycling targets; it only requires the plan to be prepared and reviewed.
- It does not impose a duty on householders to recycle – that is covered by other provisions such as section 45A on separate collection.
- It does not set a specific recycling rate or standard; those may be set by other regulations or guidance.
- It does not apply to waste disposal authorities (their functions are in section 51).
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This page reproduces the text of EPA 1990 s. 49 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.