Waste sites & receptacle interference: EPA 1990 s.60
No person may sort or disturb waste at a provided site or in a receptacle without consent. Penalty: fine up to level 3 on standard scale.
No person shall sort over or disturb— anything deposited at a place for the deposit of waste provided by a waste collection authority, by or under arrangements made with a waste disposal authority or by any other local authority or person ; anything deposited in a receptacle for waste, whether for public or private use, provided by a waste collection authority, by or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or the contents of any receptacle for waste which, in accordance with a requirement under section 46 or 47 above, is placed on any highway or, in Scotland, road or in any other place with a view to its being emptied; unless he has the relevant consent or right to do so specified in subsection (2) below. The consent or right that is relevant for the purposes of subsection (1)(a), (b) or (c) above is— in the case of paragraph (a), the consent of the authority . . . or other person who provides the place for the deposit of the waste; in the case of paragraph (b), the consent of the authority . . . or other person who provides the receptacle for the deposit of the waste; in the case of paragraph (c), the right to the custody of the receptacle, the consent of the person having the right to the custody of the receptacle or the right conferred by the function by or under this Part of emptying such receptacles. A person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
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 makes it an offence to sort through or disturb waste that has been left at a place provided by a waste collection authority, a waste disposal authority, or any other local authority or person for depositing waste. It also covers waste in a receptacle (bin) provided by those authorities, by a parish or community council, or by a holder of a waste management licence. Finally, it covers the contents of any waste receptacle placed on a highway or road for emptying.
To lawfully interfere, you need the relevant consent or right. For waste at a deposit place, you need consent from the authority or person who provides that place. For waste in a receptacle, you need consent from the provider of the receptacle. For receptacle contents on a highway, you need custody of the receptacle, the consent of the person who has custody, or a legal function to empty it.
A person who breaks this rule is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
When it applies
- Someone rummages through a household waste bin left on the pavement for collection.
- A person takes items from a public litter bin in a park.
- A neighbour sorts through communal waste bins in an apartment block to find recyclables.
- A scavenger digs through waste at a council recycling centre after closing hours.
What this section does not say
- It does not cover interference with waste on private property where no receptacle provided by an authority (covered by other laws like trespass).
- It does not cover commercial waste receptacles owned by private companies (unless provided under arrangements with a waste authority).
- It does not cover the act of littering or dumping waste (covered by separate offences).
- It does not cover failure to present waste for collection (dealt with under sections 46 and 47).
Related sections
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This page reproduces the text of EPA 1990 s. 60 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.