"Householders who refuse to let council inspectors look into their rubbish bins could be fined up to £5,000 and earn a criminal record, The Sunday Telegraph has learned.
The fines could be levied on anybody who bars entry to their property or obstructs a town hall official, or who "fails or refuses to provide facilities or assistance or any information".
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Guidance sent out by the House of Commons Library in April states that the 2003 Anti-Social Behaviour Act and the 2005 Clean Neighbourhoods and Environment Act allow inspectors to enter premises. The guidance adds: "This legislation may give authorities the ability to look through people's bins to investigate an environmental offence."
Obstructing such inspections risks a criminal record and a fine "not exceeding level 5 on the standard scale" – currently £5,000.
Furthermore, under the 2000 Terrorism Act, a constable may apply for a warrant to enter premises to carry out a terrorist investigation. The House of Commons guidance states: "The warrant enables the constable to enter, search and seize any relevant material that is found.
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The Tories fear that while the 2000 Act was intended to apply to terrorist suspects, the powers could be seized on by council officials to inspect ordinary householders' bins. Separate documentation uncovered by the Conservatives has established that householders can face fines of up to £1,000 if they put out rubbish at the wrong time; put waste into the wrong type of bin; leave rubbish outside a wheelie bin; fail to close the lid on the bin; or put the bin in the wrong place.
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Eric Pickles, the shadow local government secretary, said: "There is growing public concern over the surveillance state, authoritarian powers of entry and the bin policies of heavy-handed town halls.
"Laws passed by Labour have slipped in draconian powers for bin police to enter family homes. On top of this, anti-terror laws now allow town hall bin police to spy on law-abiding citizens. "
How long before the first person is held without charge for 42 days, for not separating their plastic from their food waste. Once a power is granted, there is mission creep...
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