The Waste Separation Requirements (Wales) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out the separation requirements in Wales for the purposes of section 45AA of the Environmental Protection Act 1990 (c. 43) with the aim of ensuring that waste is managed in a manner that promotes high quality recycling. The separation requirements apply in respect of all premises other than domestic properties and caravans.

Separation requirements are specified in relation to the presentation of waste for collection (regulation 3), the collection of that waste (regulation 4) and the handling of waste that has been separately collected (regulation 5).

“Recyclable waste streams” is defined in regulation 2 as meaning (a) glass (b) cartons and similar, metal and plastic (c) paper and card (d) food waste (e) unsold small waste electrical and electronic equipment and (f) unsold textiles. The waste sub-fractions within each of the recyclable waste streams that are subject to the separation requirements are set out in Schedule 1.

Regulation 3 requires, as a minimum, each recyclable waste stream to be presented separately for collection. Those collecting, or arranging for the collection of, such waste must collect the recyclable waste streams separately (regulation 4). Those who subsequently handle that waste must not mix it with any other recyclable waste stream or with other types of waste or other substances or articles (regulation 5). Regulation 2 provides that, where an occupier of premises takes controlled waste (defined in regulation 2) to a centralised collection point (for example, a waste recycling centre or a bring bank) this constitutes “presenting for collection” under the Regulations.

Hospitals are not required to present waste separately for collection until 6 April 2026. “Hospital” is defined in regulation 2.

These Regulations amend sections 46 (receptacles for household waste) and 47 (receptacles for commercial or industrial waste) of the Environmental Protection Act 1990 to clarify the relationship between a requirement imposed by a waste collection authority in Wales by notice under those sections and the requirements set out in section 45AA and these Regulations.

These Regulations amend the Waste (England and Wales) Regulations 2011 (S.I. 2011/988) to restrict the application, in relation to Wales, of regulations 13 (duties in relation to collection of waste) and 14 (duty in relation to collected waste) of those Regulations to domestic properties and caravans, as defined in section 75(5)(a) and (b) of the Environmental Protection Act 1990.

The offences in respect of breaches of the separation requirements are contained in section 45AA(8) of the Environmental Protection Act 1990.

A civil sanctions regime is introduced to enable the regulator to impose fixed monetary penalties, variable monetary penalties and non-compliance penalties (regulation 6 and paragraphs 1, 11 and 19 of Schedule 2). The regulator, for the purposes of these Regulations, is Natural Resources Wales.

These Regulations make provision for the procedure relating to the civil sanctions, including appeals. Appeals under these Regulations are to the First-tier Tribunal.

Schedule 2 (paragraphs 25 to 27) provides that guidance relating to the use of civil sanctions must be published by the Natural Resources Body for Wales. Guidance must also be published relating to the use of non-compliance penalties and enforcement cost recovery notices (paragraph 26). Before any guidance is published, the regulator is required to consult (paragraph 27). The Regulations also provide for the publication of information on enforcement action taken by the regulator (paragraph 28 of Schedule 2). The regulator is able to recover certain costs of enforcement (paragraph 22 of Schedule 2) in the case of variable monetary penalties.

The regulator is able to recover any fixed monetary penalty, variable monetary penalty or non-compliance penalty imposed by the regulator under the Regulations together with any financial penalty for late payment (paragraph 29 of Schedule 2).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government at Cathays Park, Cardiff CF10 3NQ and on the Welsh Government website at www.gov.wales.