Power to obtain waste information EPA 1990 s. 71
Under EPA 1990 s. 71, authorities may require written waste information. Non-compliance without reasonable excuse risks fines or up to two years imprisonment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the purpose of the discharge of their respective functions under this Part— the Secretary of State, and a waste regulation authority, may, by notice in writing served on him, require any person to furnish such information specified in the notice as the Secretary of State or the authority, as the case may be, reasonably considers he or it needs, in such form and within such period following service of the notice , or at such time, as is so specified. A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above. A person who— fails, without reasonable excuse, to comply with a requirement imposed under subsection (2) or (2A) above; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall be liable— on summary conviction, to a fine not exceeding the statutory maximum; on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both. The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specified in the notice, such information as may be so specified in respect of— cases where the authority has exercised any powers under section 59 , 59ZA, 59ZB or 59ZC above, and cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 empowers the Secretary of State and waste regulation authorities to serve a written notice on any person to obtain specified information needed to carry out their statutory waste functions. Waste collection authorities also hold this authority to carry out their statutory duties under sections 34B and 34C.
Failing to comply with a section 71 information notice without a reasonable excuse is an offence. Punishment on summary conviction is a fine up to the statutory maximum. On conviction on indictment, penalties include a fine, imprisonment for a term not exceeding two years, or both.
Additionally, the Secretary of State can issue written notices to waste regulation or waste collection authorities in England and Wales, compelling them to supply information about instances where they took action against illegal waste deposits under section 33(1) or exercised powers under sections 59, 59ZA, 59ZB, or 59ZC.
When it applies
- A waste regulation authority serves a written notice requiring a landowner to provide records detailing waste brought onto their land.
- A council serves a formal request for information on a business operator under section 34B to trace the source of fly-tipped commercial waste.
- The Secretary of State requires a waste collection authority in Wales to submit details regarding recent enforcement actions taken under section 59.
What this section does not say
- Public access to statutory waste registers, which is governed by section 64.
- Excluding commercially confidential details from public registers, which is addressed under section 66.
- Directing local authorities on how to exercise their section 59 waste removal powers, which is handled under section 59A.
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This page reproduces the text of EPA 1990 s. 71 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.