Key Benefits:
29. Collection of waste
(1) A local authority shall, at a prescribed fee, arrange for the collection and disposal of all household waste in its area except waste which is situated at a place which in the opinion of the local authority is isolated, inaccessible or which is produced in such small quantities that the cost of collecting it would be high, or that the person who controls the waste is capable of collecting it.
(2) A person who arranges with the local authority for the collection of waste other than household waste shall pay a prescribed fee to the local authority for the collection and disposal of that waste.
(3) A local authority shall make such arrangements, without charge, for the emptying of privies serving one or more private dwellings in its area as it considers appropriate.
(4) Anything collected under arrangements made by a local authority under this section shall belong to the local authority.
30. Receptacles for house hold waste
(1) In pursuance of the requirement for a local authority to arrange for the collection of household waste in its area, under section 29, the local authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which shall be of a kind and number as may be specified in the notice.
(2) The kind and number of receptacles under subsection (1) to be used shall be such as are reasonable having regard to the locality and the type of waste concerned.
(3) A local authority may, at the request of any person, supply him, at a prescribed fee, with receptacles for collection of commercial or industrial waste.
31. Disposal of waste
(1) Each local authority shall deliver for disposal all waste which is collected by it to a licensed waste management facility with the exception of any household waste which the local authority may decide to retain for recycling.
(2) A local authority shall, in accordance with its local waste management plan-
(a) ensure that adequate arrangements are made within its area for the management of all the controlled waste expected to arise within that area;
(b) inspect land on which waste has been deposited to detect whether the state of such land is in a condition to cause pollution of the environment or harm to human, animal or plant life and to take steps as appear to it reasonable to avoid pollution of the environment and harm to human, animal or plant life.
(1) If any controlled waste is deposited on any land or area of a local authority contrary to the provisions of this Act, the local authority may serve a notice on the occupier of the land requiring him to-
(a) remove the waste from the land within a period specified in the notice, which shall not be less than twenty one days beginning with the date of service of the notice;
(b) take, within a stated period, such steps as are specified with a view to eliminating or reducing the consequences of the deposit of the waste; or
(c) remove the waste as mentioned in paragraph (a) and to take such steps as are mentioned in paragraph (b) within such a period as aforesaid.
(2) If a person on whom a notice is served in pursuance of subsection (1) fails to comply with the notice, he shall be guilty of an offence and be liable to a fine not exceeding P500, and a further fine not exceeding P100 for every day during which the offence continues;
(3) A local authority may remove any type of waste that has been deposited on any land or take other steps if it appears to the local authority that-
(a) in order to remove or prevent pollution of the environment or danger to human, animal or plant life it is necessary to remove the waste forthwith or to take such other steps with a view to eliminating or reducing the consequences of the deposit of it;
(b) there is no occupier of the land in question; or
(c) the occupier of the land neither made nor knowingly permitted the deposit of the waste.
(4) Where the local authority exercises power conferred on it by subsection (3), in respect of any land, it shall be entitled to recover the cost of doing so and of disposing of any waste removed in the exercise of the power-
(a) in a case falling within paragraph (a) of that subsection, from the occupier of the land unless he proves that he neither made nor caused nor knowingly permitted the deposit in question;
(b) in any other case, from the person who deposited or caused or knowingly permitted the deposit of any of the waste in question on the land, except such of the cost as the occupier or other person shows was incurred unnecessarily.
(5) Any waste removed by a local authority in pursuance of this section shall belong to the local authority and may be dealt with accordingly.
(6) Each local authority shall, at every quarter, submit to the Department a report of the waste collected in accordance with the provisions of this Part and such report shall include details of-
(a) the persons from whom the waste has been collected;
(b) the nature and type of waste;
(c) the percentage of the waste that is recyclable; and
(d) the amounts realised from the collection of the waste in relation to the costs.
A local authority may make arrangements with any waste management industry in the private sector to-
(a) recycle waste;
(b) use waste for the purpose of producing from it heat or electricity or both; or
(c) collect and dispose of controlled waste or to either collect or dispose of such waste.
