- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
1. (1) These Regulations may be cited as the Controlled Waste (England and Wales) Regulations 2012.
(2) They extend to England and Wales.
(3) They come into force on 6th April 2012.
2. In these Regulations—
“the Act” means the Environmental Protection Act 1990;
“Directive waste” means anything that—
“septic tank sludge” and “sludge” have the meaning given in regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989(2).
3. (1) Waste which is not Directive waste is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the Act.
(2) The following waste (where it is Directive waste) is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the Act—
(a)sewage, sludge or septic tank sludge which is treated, kept or disposed of (otherwise than by means of mobile plant) within the curtilage of a sewage treatment works as an integral part of the operation of those works;
(b)sludge which is supplied or used in accordance with the Sludge (Use in Agriculture) Regulations 1989;
(c)septic tank sludge which is used on agricultural land within the meaning of those Regulations.
(3) Animal by-products (where they are Directive waste) which are collected and transported in accordance with Article 21(1) to (3) of the Animal By-Products Regulation are not to be treated as household waste, industrial waste or commercial waste for the purposes of section 34 of the Act.
(4) In this regulation—
(a)“animal by-products” has the meaning given in Article 3(1) of the Animal By-Products Regulation;
(b)“the Animal By-Products Regulation” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(3).
4. Subject to regulation 3, Schedule 1 (household, industrial and commercial waste) has effect.
5. Part 2 of the Act has effect as if references to controlled waste collected under section 45 include references to litter and refuse collected under sections 89(1)(a) and (c), 92(9) and 92C(3) of the Act(4).
6. Schedule 2 (amendments to other legislation) has effect.
7. The following Regulations are revoked in England and Wales—
(a)the Waste Management Licensing (Amendment etc.) Regulations 1995(5);
(b)the Controlled Waste Regulations 1992(6).
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th March 2012
Minister for Environment and Sustainable Development
One of the Welsh Ministers
12th March 2012
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: