In line with good practice, the Government expect that authorities will use all the powers available to them proportionately and sensibly, hand in hand with effective communications and support for residents.
All authorities will continue to have to meet existing requirements to collect household waste. In addition, local authorities have a duty, under section 89 of the Environmental Protection Act 1990 (EPA), to keep land under their control clear of litter and refuse.
Section 76 of the Climate Change Act 2008 provides clarification as to the legal status of the section 46 notice.