Power to minimise controlled waste EPA 1990 s. 63A
Waste authorities can take any steps necessary to minimise controlled waste generation; in England they must consult other relevant authorities.
A relevant authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything which in its opinion is necessary or expedient for the purpose of minimising the quantities of controlled waste, or controlled waste of any description, generated in its area. Where a relevant authority in England (“ the first authority ”) proposes to exercise any of its powers under subsection (1), it shall before doing so consult about the proposal every other relevant authority whose area includes all or part of the area of the first authority. In this section “ relevant authority ” means a waste collection authority or a waste disposal authority.
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 gives waste collection authorities and waste disposal authorities (together called "relevant authorities") a power – not a duty – to do anything they think is needed to reduce the amount of controlled waste produced in their area. They can carry out the action themselves, arrange for someone else to do it, or help pay for it.
If a relevant authority in England wants to use this power, it must first consult every other relevant authority whose area covers all or part of its own area. This ensures that overlapping authorities coordinate before acting.
The section does not set any specific type of step; the authority decides what is necessary or expedient. It applies to all controlled waste, including household, commercial, and industrial waste, but not to waste that is not controlled waste (see section 63).
When it applies
- A waste collection authority runs a public information campaign to encourage home composting, aiming to reduce kitchen waste.
- A waste disposal authority offers grants to local businesses to install equipment that reduces packaging waste.
- A district council (waste collection authority) plans to fund a community repair workshop and must consult the county council (waste disposal authority) before proceeding.
- A county council contributes to the expenses of a charity that collects and redistributes unwanted furniture to reduce waste sent to landfill.
What this section does not say
- This section does not require a relevant authority to minimise waste; it only gives them permission to act if they choose.
- It does not give individuals or businesses the right to force an authority to take minimisation steps.
- It does not cover the removal of waste that has been unlawfully deposited – that is governed by section 59.
- It does not authorise the creation of formal waste reduction schemes or impose obligations on waste producers – see section 60A for waste reduction schemes.
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This page reproduces the text of EPA 1990 s. 63A 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.