To ask the Scottish Government what role (a) SEPA, (b) local authorities and (c) other bodies have or might be given in setting or enforcing controls regarding the release of non-biodegradable materials, including electronic components, into the environment at events such as so-called lantern festivals.
The Environmental Protection Act 1990 (“the EPA’’) regulates waste management, including the handling and disposal of non-biodegradable waste. SEPA and local authorities both have statutory enforcement functions under the EPA. Any event that results in waste generation, such as lantern festivals, must ensure proper disposal of waste to avoid environmental harm.
In addition, under section 87 of the EPA it is an offence to throw down, drop or otherwise deposit, and then leave, litter in an area which is open to the air and to which the public has access. Local authorities have powers to issue fixed penalty notices if they have reason to believe a littering offence has been committed. Section 89 of the EPA places duties on certain organisations to keep land free from litter, as far as is practical. The 2018 Code of Practice on Litter and Refuse gives practical guidance on fulfilling these duties.
Many Local Authorities have put restrictions in place to prevent the release of sky lanterns and helium balloons on Council owned property and land and when an event is supported by the local authority.
The Duty of care: code of practice for managing controlled waste sets out duties of care for disposal of waste and specific information for waste producers. This includes complying with special requirements for the disposal of waste batteries and waste electrical and electronic equipment which are covered by producer take back schemes.