Under Section 33 of the Environmental Protection Act 1990 – Prohibition on the unauthorised disposal of waste  it is an offence to deposit any waste on land without an environmental permit or allow it to be so deposited (S33 1 (a)).

However S33 2 says that this does not apply to household waste from a domestic property which is kept within the curtilage of the property.

S46 (1) allows councils to require the occupier to place the waste for collection in one or more receptacles.

Under S46 4 (c) they can require occupiers to place those receptacles on the highway (i.e. pavement or verge) but only after arrangements have been made as to the liability for any damage arising out of their being so placed (S33 5 (b)).

Peter Silverman
11th May 2915