§ 16 — Restriction of public collection of e‑waste

16.—(1) Except where otherwise authorised by this Act and despite section 31 of the Environmental Public Health Act 1987, a person, other than an individual, must not, whether or not for reward, provide a receptacle in a public place, or a service to the public, for the collection of any regulated product for disposal unless the person is doing so —(a)

in the course of operating a licensed scheme; or

(b)

in accordance with the written approval of the Agency.

(2) The Agency may impose conditions (including conditions subsequent) in its written approval mentioned in subsection (1)(b).

(3) Subsection (1) does not apply in relation to —(a)

the placement by a person of a receptacle in a public place for the collection of any regulated product for disposal where the person does so for or on behalf of a person referred to in subsection (1)(a) or (b); or

(b)

the collection of any regulated product for disposal as waste by a licensed waste collector where the collection of the regulated product is —(i)

incidental to the licensed waste collector’s collection of general waste; or

(ii)

carried out for or on behalf of a person mentioned in subsection (1)(a) or (b).

(4) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

—(1) Except where otherwise authorised by this Act and despite section 31 of the Environmental Public Health Act 1987, a person, other than an individual, must not, whether or not for reward, provide a receptacle in a public place, or a service to the public, for the collection of any regulated product for disposal unless the person is doing so —(a)

in the course of operating a licensed scheme; or

(b)

in accordance with the written approval of the Agency.

(2) The Agency may impose conditions (including conditions subsequent) in its written approval mentioned in subsection (1)(b).

(3) Subsection (1) does not apply in relation to —(a)

the placement by a person of a receptacle in a public place for the collection of any regulated product for disposal where the person does so for or on behalf of a person referred to in subsection (1)(a) or (b); or

(b)

the collection of any regulated product for disposal as waste by a licensed waste collector where the collection of the regulated product is —(i)

incidental to the licensed waste collector’s collection of general waste; or

(ii)

carried out for or on behalf of a person mentioned in subsection (1)(a) or (b).

(4) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.