Item 5 on the agenda this afternoon is the Waste Enforcement (England and Wales) Regulations 2018, and I call on the Minister for Environment to move the motion. Hannah Blythyn.

Motion NDM6676 Julie James

To propose that the National Assembly for Wales, in accordance with Standing Order 27.5:

1.  Approves that the draft Waste Enforcement (England and Wales) Regulations 2018 are made in accordance with the draft laid in the Table Office on 25 January 2018.

Motion moved.

Thank you, Deputy Presiding Officer. I move the motion to approve the Waste Enforcement (England and Wales) Regulations 2018. Whilst most of the waste industry operate responsibly, we see significant problems from a small part of the industry that fails to meet the required standard or that operates outside the law. Illegally deposited waste and poorly managed sites pose a risk of fire, pollution of water courses and can cause odour, litter and fly infestations. Sadly, we know that it's the surrounding communities who suffer and that it's public bodies and owners of land who are left to clear up the mess and deal with the consequences.

We've worked with Natural Resources Wales to identify what more can be done to prevent problematic and abandoned waste sites. I've listened to the views of industry, who responded to the consultation of new enforcement powers for the regulators, and I'm now pleased to introduce these regulations that are part of a suite of measures aimed at tackling waste crime in Wales.

The regulations provide two new powers. The first power will enable Natural Resources Wales to restrict access to a waste site and stop further importation of waste by physical means, such as locking the gates or barring access to prevent a risk of serious pollution or to stop pollution from continuing.

Natural Resources Wales estimate about three sites a year are abandoned. To reduce the impact of abandoned waste, the second power enables Natural Resources Wales and local authorities to serve notice on an occupier or landowner to require them to move waste that is unlawfully present on a site, regardless of whether they were originally deposited lawfully. They will also have the power to make occupiers and landowners take action to eliminate or reduce any consequences caused by keeping or disposing of the waste on the land.

Following consultations with the industry, I've introduced a two-month transitional period before the power to remove waste from land will come into force. This will give occupiers and landowners time to understand the changes and new legislative powers. It's vital for the regulation enforcement of the waste sector to be underpinned by legislation if we are to protect the environment and human health, and to reduce the impact of abandoned waste sites.

Increased powers to take action against illlegal operators will also help create a level playing field in the industry and help ensure legitimate operators do not lose out to those who undermine and undercut the law-abiding majority. I therefore urge Members to support this legislation. Diolch yn fawr.

Plaid Cymru will support the regulations and particularly welcome the new power that NRW will have to prevent the further use of an illegal site. Many people would be surprised that that power does not exist with that body by now to do that. Certainly, it will be a means of avoiding further pollution, and I welcome that.

I do have one question for the Minister in relation to these regulations. Clearly, any landowner who has allowed his or her land to be used for this illegal purpose should face a penalty where necessary, but there are examples of land that’s been used for the illegal depositing of waste, over a long period of time sometimes, without the knowledge of the landowner, and occasionally the landowner is excluded from the land. So, I just wanted to ask the Minister what kind of safeguards will there be in the system to ensure that someone who isn't aware that their land has been used for this purpose isn't caught up under these regulations.

The Minister to respond to debate.

Thank you very much, and thank you very much for the question. I don't think it would be a debate on regulations if Simon Thomas didn't ask a question or contribute.

I'm grateful for your contribution, and these regulations will help our regulators tackle poor-performing and illegal waste sites and reduce the impact of abandoned waste sites on the surrounding communities.

You raise the landowners who may not be aware—we expect the regulations to make those leasing land aware of longer term implications, and having the forward-looking power gives landlords an opportunity to make the changes, and the way they lease and manage land will provide for change in the future. And there will be steps that Natural Resources Wales will be able to take to make sure that landowners are in a position to best protect themselves going forward. Steps could include making sure that landowners are aware of what the implications are. Some landowners may not be aware that they are committing an offence by allowing waste to be stored on land or certain property without the relevant permissions, and this cost could leave them liable to prosecution and significant clean-up costs. Part of that is raising awareness and that's why we're having the transition period—to give that time to landowners to be able to make those adjustments that they may need to make, so that, hopefully, they don't find themselves in a position where they are penalised. 

We know that more needs to be done to improve the performance of the waste industry and remove that rogue element, when we know that most operators and landowners do behave within the letters of the law. As a Welsh Government, we will continue to work with Natural Resources Wales to identify where any further action can be taken to lessen the impacts and the cost of waste crime on the surrounding communities.

These regulations are not the end of the work to tackle waste crime. In January, I issued a further consultation jointly with the Department for Environment, Food and Rural Affairs on further proposals to improve performance of the waste sector, including reform of the exemptions regime and the competency arrangement for people applying to operate a waste facility. I look forward to being able to bring further legislation proposals to the Assembly in order to boost our efforts to tackle waste crime and actually fulfil our ambition of an effective circular economy in Wales.

Thank you very much. The proposal is to agree the motion. Does any Member object? Therefore the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.