Waste priority directions: EPA 1990 s. 59A
EPA 1990 s. 59A: Secretary of State may direct waste authorities on which waste categories to prioritise under ss.59-59ZC.
59A The Secretary of State may issue directions setting out categories of waste to which a waste regulation authority or waste collection authority in England and Wales should give priority for the purposes of exercising its powers under section 59 , 59ZA, 59ZB or 59ZC above. Priorities set out in directions under subsection (1) above may be different for different authorities or areas. But nothing in this section or in any directions issued under it affects any power of an authority under section 59 , 59ZA, 59ZB or 59ZC above. A waste regulation authority shall publicise any direction given to it under subsection (1) above in such manner as it considers appropriate.
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 provision allows the Secretary of State to issue directions that tell waste regulation authorities and waste collection authorities in England and Wales which types of waste to treat as a priority when they are using their powers under sections 59, 59ZA, 59ZB or 59ZC. Those powers are about requiring the removal of waste that has been dumped illegally.
The directions can be different for different authorities or different areas. However, the section makes clear that neither it nor any direction issued under it takes away or limits any of the authorities' existing powers under those sections. The authorities keep full discretion to act.
A waste regulation authority that receives a direction must publicise it in whatever way it considers appropriate. No penalty or obligation is attached to not following the direction; it is a guide for priority, not a binding order.
When it applies
- The Secretary of State issues a direction that waste from construction sites should be prioritised over garden waste in a particular region.
- A waste collection authority in a coastal area receives a direction to prioritise removal of plastic waste from beaches under section 59.
- Two neighbouring authorities get different priority directions – one for industrial waste, the other for household waste – based on local conditions.
- An authority decides not to follow its direction and instead removes a small pile of non‑priority waste; the direction does not prevent that.
What this section does not say
- It does not create a private right for a person to demand that waste be removed from their land; that right is governed by section 59 itself.
- It does not define what counts as a category of waste – the Secretary of State decides that in the direction.
- It does not impose penalties on an authority that chooses not to follow a direction; the direction is a guide, not a mandatory instruction.
- It does not apply to Scotland – separate provisions cover Scottish authorities (sections 53, 54, 56, 58).
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This page reproduces the text of EPA 1990 s. 59A 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.