Waste Enforcement (England and Wales) Regulations 2018 (S.I. No. 369 of 2018).

These Regulations amend the Environmental Protection Act 1990 (c. 43) and the Environment Act 1995 (c. 25) for England and Wales in connection with Directive 2008/98/EC of the European Parliament and of the Council on waste/ The Regulations amend the Environmental Protection Act 1990 by inserting sections 59ZB and 59ZC. These sections give a waste regulation authority or waste collection authority (defined respectively in section 30(1) and (3) of the Environmental Protection Act 1990) the power to issue a notice in respect of waste which is unlawfully kept or disposed of in or on land within the authority s area. They also amend the Environment Act 1995 by inserting sections 109A to 109N. These sections give the Environment Agency and the Natural Resources Body for Wales the power to issue a restriction notice and to apply to the courts for a restriction order . A restriction notice (section 109A) is a notice prohibiting access and the importation of waste to premises for a period specified in the notice of no more than 72 hours. A restriction order (section 109D) is an order made by the courts which prohibits access and the importation of waste to the premises for a period specified in the order, which may not exceed 6 months. It can be extended, varied or discharged (sections 109F and 109G). A decision of the courts may be appealed (section 109L).