Written question asked by Lord Vinson (Conservative), in the House of Lords. It was answered by Lord Bach (Labour) on Wednesday, 15 March 2006.

Waste Management

Question: Further to the Written Answer by the Lord Bach on 2 March (WA 103–04), what steps they are taking to increase public awareness of the maximum penalty of £5,000 payable for the offence of burning plastic household waste, which changed as a result of the European Waste Directive.

Answer: The Waste Management (England and Wales) Regulations 2006 have not yet been laid in Parliament.It is important to note that it is already an offence to burn waste in some circumstances. Section 2 of the Clean Air Act 1993 prohibits emissions of dark smoke from the open burning of material on industrial and trade premises, subject to certain exceptions, and provides for a maximum fine of £20,000. Section 20 of the 1993 Act prohibits emissions of smoke from chimneys of properties in smoke control areas and provides for a maximum fine of £1,000 on summary conviction. If the area is not a smoke control area, it could be a statutory nuisance offence under Section 79 of the Environmental Protection Act 1990.The change to Section 33 of the Environmental Protection Act will make it an offence to treat, keep or dispose of household waste within the curtilage of a dwelling in a manner likely to cause pollution of the environment or harm to human health.Local authorities have powers to taken action against offenders but it will be for local authorities to decide how this power is used, in line with local enforcement policies.In addition to the previous public consultation and national press releases, when the change is made, Defra will encourage the Local Government Association to send out an alert to its local authority members announcing the legislative changes.

Secondary information

Type: Written question
Reference: 4516; 679 c247-8WA
Session: 2005-06
Related items: Waste Management
Thursday, 2 March 2006
Written questions
House of Lords
Subjects: EU law Domestic waste Fires Publicity Plastics Waste disposal
Link: View this Written question on www.publications.parliament.uk