6. The Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019

Part of the debate – in the Senedd at 5:06 pm on 19 February 2019.

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Photo of Hannah Blythyn Hannah Blythyn Labour 5:06, 19 February 2019

Diolch, Dirprwy Llywydd. I move the motion for the Household Waste Duty of Care (Fixed Penalties) (Wales) Regulations 2019. These regulations will allow local authorities in Wales and Natural Resources Wales to issue fixed penalties for household waste duty of care offences. Householders have a responsibility to ensure, when they pass their waste to someone else for disposal, that they check that they are a registered waste carrier. If they don't, they put themselves at risk of prosecution. Local authorities have told us that prosecuting householders is not always the most appropriate response for this type of offence and that it can also prove to be a burdensome process. In response, and to help address this, we consulted on proposals to introduce new fixed penalties, which received widespread support.

Respondents to the consultation also asked for a consistent national approach to setting the penalty amount and for the level of penalty to be proportionate to the offence. This is why I agreed to set the fixed penalty at £300 and have allowed enforcing authorities to have the discretion to offer an early repayment of £150. I believe this approach ensures the fixed penalties act as a sufficient deterrent whilst reflecting the concerns raised in the consultation. Local authorities will be able to retain their receipts to help contribute to the costs of dealing with waste crime. They will also still be able to exercise existing criminal prosecution powers for offences they deem inappropriate for a fixed penalty. The Welsh Government supports a balanced approach to enforcements and expects fixed penalties to only be used when the enforcing authority is satisfied that the evidence gathered shows an offence has been committed. 

Deputy Llywydd, we know that fly-tipping is an anti-social act that can create a blight on our communities and our countryside, and I'm pleased to commend this motion to the Chamber.