Part 3: Waste and Resource Efficiency Section 62: Transfrontier shipments of waste
Section 62 amends section 141 of the Environmental Protection Act 1990. Section 141 of that Act contains a power to make regulations to prohibit or restrict waste imports and exports. This section amends that section to allow regulations to be made to regulate waste imports or exports or the transit of waste for export.
	Subsection (1) introduces amendments that will be made to section 141 of the Environmental Protection Act 1990 by subsections (2) to (8).
	Subsection (2) amends the heading of section 141. Paragraph (a) replaces the words "prohibit or restrict" with "regulate". Paragraph (b) adds "the transit of waste for export" to the heading of the section.
	Subsection (3) replaces the existing subsection (1) and adds new subsections (1A) and (1B) to section 141. New subsection (1) gives a power to the Secretary of State to make regulations about, or in connection with, the regulation of waste imports and exports and the transit of waste for export. New subsection (1A) gives further detail on the provision that can be made by those regulations. This includes banning or restricting waste imports and exports, the landing and loading of waste in the UK, loading waste for export, or the transit of waste for export. New subsection (1B) clarifies that regulations can include matters relating to the intended final destination of the waste or the places the waste will travel through (before reaching its final destination).
	Subsection (4) substitutes subsection (3) of section 141 with a new subsection (3). This allows the regulations made under section 141 to confer functions on the Secretary of State, the Environment Agency, Natural Resources Wales the Scottish Environment Protection Agency, or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. Those functions may include functions related to the enforcement of the regulations. The regulations may give those bodies discretion as to how they exercise the functions given to them.
	Subsection (5) omits subsection (4) of section 141, because it is redundant given the new subsection (3). New subsection (3) can now be used to confer functions on the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency, or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
	Subsection (6)(a) omits paragraph (a) of section 141(5). As with subsection (4), which this section also omits, new subsection (3) means that this paragraph is no longer needed.
	Subsection (6)(b) inserts new paragraph (aa) after omitted paragraph (a) of section 141(5). New paragraph (aa) allows the regulations made under this section to allow the Secretary of State to issue directions regarding how the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland exercise their functions when regulating waste imports and exports and the transit of waste for export.
	Subsection (6)(c) omits "prescribed in or under the regulations" from paragraph (b) of section 141(5).
	Subsection (6)(d) inserts new paragraphs (ba) and (bb) after paragraph (b) of section 141(5). New paragraph (ba) allows the regulations to include provisions about fees or charges to the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. Such fees and charges are to be paid by persons involved in the import or export of waste, or the transit of waste for export. New paragraph (bb) contains further provision in relation to those fees and charges. This states that the regulations may provide for the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to use those fees or charges to meet the costs they have incurred when regulating waste imports and exports and the transit of waste for export.
	Subsection (6)(e) amends paragraph (d) of section 141(5). Subsection (5)(e) substitutes the reference to section 69(3) of the Environmental Protection Act 1990 with a reference to section 108(4) of the Environment Act 1995. This is because section 108(4) of the 1995 Act is a similar provision (conferring similar powers) to section 69(3) of the 1990 Act, and section 69 of the 1990 Act has been repealed. This follows the approach taken in section 140 of the Environmental Protection Act 1990. This amendment allows the regulations to confer powers of entry and seizure in relation to the enforcement of the regulations.
	Subsection (6)(f) amends paragraph (e) of section 141(5) and replaces the words "authorities under the regulations" with "waste regulation authorities". This is to make clear that the reference to "authorities" is to "waste regulation authorities", as defined in the Environmental Protection Act 1990 (as read with section 141(7)).
	Subsection (6)(g) inserts new paragraphs (fa) and (fb) into section 141(5). New paragraph (fa) allows the regulations to make provision allowing HMRC to disclose information to the Environment Agency, Natural Resources Wales, the Scottish Environment Protection Agency or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. New paragraph (fb) allows the regulations to confer functions on customs officials (designated under the Borders, Citizenship and Immigration Act 2009) in relation to seizing or detaining waste that has arrived at or entered into the UK or will go out of the UK.
	Subsection (6)(h) inserts new paragraph (h) into section 141(5). New paragraph (h) allows the regulations to make provision about, or connected with the imposition of civil sanctions.
	Subsection (7) inserts new subsections (5B) to (5E) into section 141 after subsection (5A).
	New subsection (5B) introduces a definition of "civil sanctions". This is defined as a type of sanction in Part 3 of the Regulatory Enforcement and Sanctions Act 2008.
	New subsection (5C) makes further provision about civil sanctions. It states that the regulations may impose civil sanctions in cases where the conduct which has led to the sanction need not be an offence. The regulations may impose civil sanctions, even if the person imposing them is not a "regulator" within the meaning of the Regulatory Enforcement and Sanctions Act 2008.
	New subsection (5D) clarifies where regulations made under section 141 can apply. The regulations can make provision in relation to the sea or seabed within the UK Continental Shelf (designated under the Continental Shelf Act 1964) or the exclusive economic zone (designated under the Marine and Coastal Access Act 2009).
	New subsection (5E) is a power to make incidental, consequential, supplementary and transitional provision. This includes a power to make such amendments to primary legislation or retained direct EU legislation.
	Subsection (8) inserts various definitions into subsection (6) of section 141. Definitions are inserted for "importation", "exportation", "primary legislation" and "transit of waste for export". "Exportation" and "importation" is defined as waste that leaves the UK or waste that arrives at or enters into the UK respectively. "Primary legislation" is defined as an Act of Parliament, a Measure or Act of Senedd Cymru, an Act of the Scottish Parliament, or Northern Ireland legislation (as defined in section 24(5) of the Interpretation Act 1978). "Transit of waste for export" is defined as moving or keeping waste that has arrived in the UK in order to facilitate it leaving the UK.
	Subsection (9) amends the table in section 160A(2) of the Environmental Protection Act 1990, as inserted into that Act by the Environment Act 2021. The purpose of the table is to detail the circumstances in which instruments made under those powers are subject to the affirmative parliamentary procedure. The amendments mean that the affirmative parliamentary procedure must be used where regulations under section 141 confer new powers of entry, seizure or detention, provide for new fees or charges to be paid, create a criminal offence, increase the maximum penalty for a criminal offence, or create civil sanctions. The affirmative procedure must also be used where section 141 regulations amend primary legislation or retained direct principal EU legislation.
	Subsection (10) amends section 41 of the Environment Act 1995. Under section 41, the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency can make charging schemes in relation to particular matters. Paragraph (a) substitutes paragraph (d) of section 41 of the 1995 Act with a new paragraph (d). This will allow the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency to create a charging scheme to recover their costs in performing their functions in relation to the import or export of waste, or the transit of waste for export. Paragraph (b) inserts a new subsection after subsection (1) of section 41 of the Environment Act 1995. This inserts new definitions of "importation", "exportation", "transit of waste for export" and "waste" for the purposes of section 41(1)(d) of the 1995 Act. Those terms have the same definitions as in section 141 of the Environmental Protection Act 1990 (as inserted by this section).
	Subsection (11) amends the Transfrontier Shipment of Waste Regulations 2007. It omits paragraph (1) of regulation 46. This is because the amendments in regulation 46(1) relate to fees, and are no longer needed given the amendment made by subsection (9) above in relation to charging schemes.