States' Trading Supervisory Board and the Committee for the Environment & Infrastructure - P.2017/115
Amendment 1- Waste Strategy Implementation - Household Charging Mechanisms - Dep P Roffey & Dep H Soulsby [389kb] Amendment 2 - Waste Strategy Implementation - Household Charging Mechanisms - Dep L de Sausmarez & Dep S Hansmann Rouxel [583kb] Amendment 3 - Waste Strategy Implementation - Household Charging Mechanisms - Dep L de Sausmarez & Dep S Hansmann Rouxel [308kb]
The States are asked to decide:-
Whether, after consideration of the joint Policy Letter of the Committee for the Environment & Infrastructure and the States' Trading Supervisory Board entitled "Waste Strategy Implementation - Household Charging Mechanisms", dated 10th November 2017, they are of the opinion:-
1. To rescind Resolution 2a) of 10th December 2014 on Article X of Billet d'État XXVI of 2014, to the extent that it directs the preparation of legislation necessary to give effect to proposals:-
a) that relate to the period from which the Parish Waste Rate will apply and within which
it is payable and the calculation of any penalty of late payment as set out in paragraphs
3.17, 3.20 and 3.21; and
b) for the calculation and levying of the Waste Disposal Authority waste charges, as set
out in paragraphs 3.32 to 3.61,
of the report dated 22nd September, 2014 of the former Public Services Department.
2. To approve that in relation to the Parish Waste Rate:-
a) the rate may be levied on and from the first day of the year to which it relates or the date
of the granting of the Royal Court Order authorising the levying of the rate, whichever is
later and that once the Order is granted the rate may be levied in respect of any period
of the year;
b) a fixed penalty charge of £25 per month or interest at 10% per annum (whichever is higher)
can be levied in the event of late payment;
c) payment must be made within 30 days of an invoice and unpaid debts, including interest,
will be recoverable by the Parish Douzaine as a civil debt; and
d) such transitional arrangements shall be made as are appropriate in relation to the transition
from the current refuse rate.
3. To agree that the Waste Disposal Authority charge for households will comprise:-
a) a charge per residual waste bag to be levied on the sale of official States of Guernsey tags
or bags and with a zero rated charge initially for bags or other receptacles used for
recyclables; and
b) an annual fixed charge per household and per business, the premises of which is admitted
into the parish waste collection and transfer service, and to agree that such annual fixed
charge is to be:-
i) calculated for the year in question to recover the projected total costs to the Waste
Disposal Authority and the States of providing waste management services, minus
projected income derived from the 'per bag' charge on residual waste, as set out
in paragraph 6.14 of the Policy Letter; and
ii) divided equally between all persons liable to pay the charge.
4. To approve that in relation to Waste Disposal Authority charges for households:-
a) the Waste Disposal Authority will have the option of collecting the fixed charge annually,
twice yearly or quarterly as it prefers;
b) a fixed penalty charge of £25 per month or interest at 10% per annum (whichever is higher)
can be levied in the event of late payment; and
c) payment must be made within 30 days of an invoice and unpaid debts, including interest,
will be recoverable by the Waste Disposal Authority as a civil debt.
5. To agree that the owner(s) of:-
a) a dwelling or a lodging house; and
b) any business, the premises of which is admitted into the parish waste collection and transfer
service,
will be the person liable to pay the fixed element of the Waste Disposal Authority charges and the Parish Waste Rate for households, but with a right for the owner of a dwelling house, lodging house or business to recover the WDA waste charge or Parish Waste Rate levied from the current occupier as a civil debt as set out in paragraphs 6.5 and 6.15 of the Policy Letter.
6. To direct the preparation of such legislation as is necessary to give effect to their above decisions.
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.
