Modifications etc. (not altering text)
C1Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C2Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)
C3Pt. 2 modified (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 5
Commencement Information
I1Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)
Textual Amendments
F1S. 34D and cross-heading inserted (6.4.2024) by Environment (Wales) Act 2016 (anaw 3), ss. 66(1), 88(3)(b); S.I. 2023/1096, art. 3
(1)An occupier of premises in Wales must not—
(a)discharge food waste produced on or brought onto the premises, or
(b)knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged,
into a public sewer or a sewer or drain communicating with a public sewer.
(2)Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).
(3)A person commits an offence if, without reasonable excuse, the person contravenes subsection (1).
(4)A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.
(5)In subsection (1)—
“food waste” means controlled waste that—
has at any time been food (which for this purpose does not include drink) intended for human consumption, or
is biodegradable waste arising from the processing or preparation of food or drink,
but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink;
“drain”, “public sewer” and “sewer” have the meanings given in section 219(1) of the Water Industry Act 1991.
(6)The Welsh Ministers may by regulations—
(a)provide for subsection (1) to apply only in circumstances specified in the regulations;
(b)make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2);
(c)amend the definition of “food waste” in subsection (5).
(7)Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.]