What is a Section 46 Notice?

Section 45 of the Environmental Protection Act 1990 (“EPA90”) puts a duty on Milton Keynes Council, as a waste collection authority in England, to arrange for the collection of household waste.

Section 46 of the EPA90 states that a waste collection authority may serve notice on an occupier of premises in the authority area requiring the occupier to place the waste for collection in receptacles of a kind and number specified.

Subsection 3 of the EPA90 determines that the receptacles may be provided by the authority free of charge and/or provided by the authority by a single payment or periodical payments as agreed with the authority and/or require that the occupier provides their own appropriate receptacles.

The EPA90 allows the waste collection authority to specify:

• the size, construction and maintenance of the receptacles;
• where they should be placed for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
• the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and
• the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.

A waste collection authority is not obliged to collect household waste that is placed for collection in contravention of the notice served on the occupier.