Recycling and waste disposal payments EPA 1990 s. 52
Section 52 obliges waste disposal authorities to pay collection authorities and recyclers amounts based on net savings for diverted waste under EPA 1990 s. 52.
Where, under section 48(2) above, a waste collection authority retains for recycling waste collected by it under section 45 above, the waste disposal authority for the area which includes the area of the waste collection authority shall make to that authority payments, in respect of the waste so retained in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and in the case of a waste disposal authority in Wales , of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines. The Secretary of State may by order disapply subsection (1) above in relation to any waste disposal authority constituted under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal in London and metropolitan counties) .... A waste disposal authority is not required to make payments to a waste collection authority under subsection (1) above where, on the basis of arrangements involving the two authorities, the waste collection authority has agreed that such payments need not be made. Where, by reason of the discharge by a waste disposal authority of its functions, waste arising in its area does not fall to be collected by a waste collection authority under section 45 above, the waste collection authority shall make to the waste disposal authority payments, in respect of the waste not falling to be so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines. Where a person other than a waste collection authority, for the purpose of recycling it, collects waste arising in the area of a waste disposal authority which would fall to be collected under section 45 above, the waste disposal authority may make to that person payments, in respect of the waste so collected in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and in the case of a waste disposal authority in Wales , of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines. Where a person other than a waste collection authority, for the purpose of recycling it, collects waste which would fall to be collected under section 45 above, the waste collection authority may make to that person payments, in respect of the waste so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines. The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations. The Secretary of State may, by regulations, impose on waste disposal authorities in Wales a duty to make payments corresponding to the payments which are authorised by subsection (3)(b) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations. For the purposes of subsections (1)(b), (3)(b) and (5) above the net saving of expenditure of a waste disposal authority on the disposal of any waste retained or collected for recycling is the amount of the expenditure which the authority would, but for the retention or collection, have incurred in having it disposed of less any amount payable by the authority to any person in consequence of the retention or collection for recycling (instead of the disposal) of the waste. For the purposes of subsections (2) and (4) above the net saving of expenditure of a waste collection authority on the collection of any waste not falling to be collected by it is the amount of the expenditure which the authority would, if it had had to collect the waste, have incurred in collecting it . The Secretary of State shall, by regulations, make provision for the determination of the net saving of expenditure for the purposes of subsections (1)(b), (2)(b), (3)(b), (4)(b) and (5) above. The Secretary of State may give guidance— to a waste disposal authority in England, for the purposes of determining whether to exercise the power in subsection (3) above; to a waste collection authority in England, for the purposes of determining whether to exercise the power in subsection (4) above. A waste disposal authority shall be entitled to receive from a waste collection authority such sums as are needed to reimburse the waste disposal authority the reasonable cost of making arrangements under section 51(1) above for the disposal of commercial and industrial waste collected in the area of the waste disposal authority. A waste disposal authority shall pay to a waste collection authority a reasonable contribution towards expenditure reasonably incurred by the waste collection authority in delivering waste, in pursuance of a direction under section 51(4)(a) above, to a place which is unreasonably far from the waste collection authority’s area. Any question arising under subsection (9) or (10) above shall, in default of agreement between the two authorities in question, be determined by arbitration. In this section, references to recycling waste include re-using it (whether or not the waste is subjected to any process).
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
This section establishes a financial regime between waste collection authorities, waste disposal authorities, and third-party recyclers. When a collection authority retains waste for recycling instead of handing it over for disposal, the corresponding disposal authority must pay an amount reflecting the net expenditure saved by not having to dispose of that waste.
Disposal authorities and collection authorities may also make discretionary or mandatory payments to charities, businesses, or individuals who collect recyclable waste that would otherwise fall to the collection authority. These payments, commonly known as recycling credits, are calculated based on the net saving of expenditure on collection or disposal.
The section also governs financial balancing between authorities, including contributions toward extra costs incurred when delivering waste to distant disposal sites or handling commercial waste. Any unresolved financial disputes between authorities under these provisions are referred to arbitration.
When it applies
- A local council retains collected recyclable plastic and paper rather than sending it to the county disposal authority for landfill or incineration.
- A voluntary community group collects household glass for recycling and applies to the local waste disposal authority for recycling credit payments.
- A collection authority incurs extra haulage expenses delivering waste to a far location under direction from the disposal authority.
What this section does not say
- Requirements and penalties relating to household waste bins or containers, which are covered under epa1990s.46.
- Enforcement powers and clean-up directives against unlawful waste deposits, which are covered under epa1990s.59.
- Duties regarding separate collection of household waste in Scotland, which are covered under epa1990s.45c.
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This page reproduces the text of EPA 1990 s. 52 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.