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The Waste (England and Wales) Regulations 2011

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Statutory Instruments

2011 No. 988

Environmental Protection, England And Wales

The Waste (England and Wales) Regulations 2011

Made

28th March 2011

Coming into force in accordance with regulation 1

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of the Pollution Prevention and Control Act 1999 M1 consulted—

(a)

the Environment Agency;

(b)

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small business respectively as they consider appropriate; and

(c)

such other bodies or persons as they consider appropriate.

The Secretary of State is designated M2 for the purposes of the European Communities Act 1972 M3 in relation to the environment. The Welsh Ministers are designated M4 for the purposes of that Act in relation to the prevention, reduction and management of waste.

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of the Pollution Prevention and Control Act 1999 M5, to paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and to section 59(3) of the Government of Wales Act 2006 M6.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999.

Marginal Citations

M11999 c. 24. Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of S.I. 2005/1958. Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

M5The reference in section 2(8) of the 1999 Act to approval by each House of Parliament has effect in relation to the exercise of functions by the Welsh Ministers as if it were a reference to approval by the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

PART 1U.K.General

Citation, commencement and extentU.K.

1.—(1) These Regulations may be cited as the Waste (England and Wales) Regulations 2011.

(2) Subject to paragraph (3), they come into force on the day after the day on which they are made.

(3) Regulation 12 comes into force at the end of the period of 6 months beginning with the day on which these Regulations are made.

(4) These Regulations extend to England and Wales.

ApplicationU.K.

2.  Subject to regulation 47(2), these Regulations do not apply in relation to waste which is excluded from the scope of the Waste Framework Directive by Article 2(1), (2) or (3) of that Directive.

InterpretationU.K.

3.—(1) In these Regulations—

“appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

[F1“appropriate body” means—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Wales, the Natural Resources Body for Wales;]

“controlled waste” has the meaning given in section 75(4) of the Environmental Protection Act 1990 M7;

[F2“EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;]

“hazardous waste”—

(a)

in relation to England has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 M8;

(b)

in relation to Wales has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 M9;

[F3“Industrial Emissions Directive” means Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention control), read in accordance with regulation 3A;

“Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, read in accordance with regulation 3B;

“local authority” means—

(a)

in England outside Greater London—

(i)

a district council,

(ii)

a county council, or

(iii)

the Council of the Isles of Scilly;

(b)

in Greater London—

(i)

the council of a London borough,

(ii)

the Common Council of the City of London,

(iii)

the Sub-Treasurer of the Inner Temple, or

(iv)

the Under-Treasurer of the Middle Temple;

(c)

in Wales—

(i)

a county council, or

(ii)

a county borough council;

“Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with regulation 3C;]

[F4“the List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;]

“national waste management plan” means a waste management plan prepared by an appropriate authority;

“waste collection authority” means an authority which is a waste collection authority for the purposes of Part 2 of the Environmental Protection Act 1990 M10;

[F5“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste][F6, as last amended by] [F7Directive (EU) 2018/851] [F8and as read in accordance with regulation 3D];

“waste management plan” has the meaning given in regulation 7(1);

[F9“waste prevention measures” means measures taken before a substance, material or product has become waste that reduce—

(a)

the quantity of waste, including through the re-use of products or the extension of the life span of products;

(b)

the adverse impacts of generated waste on the environment and human health; or

(c)

the content of hazardous substances in materials and products;]

“waste prevention programme” has the meaning given in regulation 4(1) and (2).

(2) Terms which are used but not defined in these Regulations and are used in the Waste Framework Directive have the same meaning as in that Directive.

Textual Amendments

Marginal Citations

M71990 c. 43. The definition of “controlled waste” depends on the definitions of “household waste” in section 75(5), “industrial waste” in section 75(6) and “commercial waste” in section 75(7). Section 75(6) and (7) was amended by S.I. 2006/937.

M8S.I. 2005/894, to which there are amendments not relevant to these Regulations.

M9S.I. 2005/1806 (W. 138), to which there are amendments not relevant to these Regulations.

M10See section 30(3), which was amended by the Local Government (Wales) Act 1994, sections 22(3) and 66(8) and paragraph 17(3) of Schedule 9.

[F10Modification of the Industrial Emissions DirectiveU.K.

3A.  For the purposes of these Regulations, the Industrial Emissions Directive is to be read as if—

(a)in Article 3—

(i)in paragraph 1(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;

(ii)in paragraph 10(b), for “Member State in question” there were substituted “ United Kingdom ”;

(iii)in paragraph 23, for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;

(iv)in paragraph 37, for the words from “Directive 2008/98/EC” to the end there were substituted “ the Waste Framework Directive, read with Articles 5 and 6 of that Directive ”;

(b)in Annex 1—

(i)in the words before point 1, the second paragraph were omitted;

(ii)in point 5.3—

(aa)in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(bb)in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(ii)in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

(iii)in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC ”;

(iv)in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

Textual Amendments

Modification of the Landfill DirectiveU.K.

3B.—(1) For the purposes of these Regulations, the Landfill Directive is to be read in accordance with this regulation.

(2) Article 2 is to be read as if—

(a) in point (a)—

(i)“‘waste’,” were omitted; and

(ii)for “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;

(aa)after point (a) there were inserted—

“(aa)‘waste’ means anything that—

(i)is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and

(ii)is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”;

(b)for point (c) there were substituted—

“(c)‘hazardous waste’ has the meaning given in Article 3(2) of the Waste Framework Directive.”.

(3)  Article 3 is to be read as if—

(a)in paragraph 2, “Without prejudice to existing Community legislation” were omitted;

(b)for paragraph 3 there were substituted—

“3.  The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.”.

Textual Amendments

Modification of the Mining Waste DirectiveU.K.

3C.—(1) For the purposes of these Regulations, the Mining Waste Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States in a provision imposing an obligation or providing a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate body or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in England or Wales.

(3) A reference to “competent authority” or “competent authorities” is to be read as a reference to the appropriate body.

(4) Article 2 is to be read as if—

(a)in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy were a reference to that Article read in accordance with regulation 3E;

(b)paragraphs 3 and 4 were omitted.

(5) Article 3 is to be read as if—

(a)in point (1), for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”;

(b)in point (2), for “Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste” there were substituted “ Article 3(2) of the Waste Framework Directive ”;

(c)in point (4), for the words from “the national law” to the end there were substituted “ national law ”;

(d)in point (17), for “Directive 67/548/EEC or Directive 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;

(e)in point (18), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”;

(f)in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”;

(g)in point (26), for the words from “the national” to “operates,” there were substituted “ national law ”;

(h)point (27) were omitted.

(6) Article 5 is to be read as if—

(a)in paragraphs 2(a)(iii) and (b) “at Community level” were omitted;

(b)in paragraph 3, in the first subparagraph, in point (g), for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(c)in paragraph 5, “or Community” were omitted;

(d)paragraph 6 were omitted.

(7) Article 6(2) is to be read as if the words from “Without” to “92/104/EEC,” were omitted.

(8) Article 7 is to be read as if—

(a)in paragraph 1, in the second subparagraph, in the first sentence, “or Community” were omitted;

(b)in paragraph 2(e), the reference to Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment in respect of England and Wales;

(c)in paragraph 3(b), for “Article 7 of Directive 75/442/EEC” there were substituted “ Article 13 of the Waste Framework Directive ”;

(d)in paragraph 4, the third indent were omitted;

(e)in paragraph 5, for “and Community” were omitted.

(9) Article 10 is to be read as if paragraph 2 were omitted.

(10) Article 11(2)(a) is to be read as if—

(a)“Community or” were omitted;

(b)for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.

(11) Article 12 is to be read as if—

(a)in paragraph 4, “national or Community” were omitted;

(b)in paragraph 5, for the words from “Community” to “2000/60/EC” there were substituted “ retained EU law, in particular the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.

(12) Article 13 is to be read as if—

(a)in paragraph 1, in the words before point (a)—

(i)“Community” were omitted;

(ii)for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;

(b)in paragraph 3, for “Directives 76/464/EEC, 80/68/EEC or 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;

(c)in paragraph 4, for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;

(d)in paragraph 5, in the second sentence—

(i)for “Community” there were substituted “ retained EU law ”;

(ii)for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.

(13) Article 24(4) is to be read as if, in the second indent Community or” were omitted.

(14) Annex 3 is to be read as if—

(a)in the second indent, for “under Directive 91/689/EEC” there were substituted “ the Waste Framework Directive ”;

(b)in the third indent, for “Directives 67/548/EEC or 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”.

Textual Amendments

Modification of the Waste Framework DirectiveU.K.

3D.—(1) For the purposes of these Regulations, the Waste Framework Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States in a provision imposing an obligation or providing a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate body or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in England or Wales.

(3) Article 2 is to be read as if—

(a)in paragraph 2—

(i)in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

(ii)in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

(iii)in point (d), for the words from “Directive 2006/21/EC” to the end, there was substituted “ the Mining Waste Directive ”;

(b)in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c)paragraph 4 were omitted.

(4) Article 3 is to be read as if, in point (2), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

(5)  Article 5 is to be read as if—

(a)in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.  Any decision as to whether a substance or object is a by-product must be made—

(a)in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b)having regard to any guidance published by the appropriate authority or the appropriate body for the purposes of this Article.”;

(c)paragraphs 2 and 3 were omitted.

(6) Article 6 is to be read as if—

(a)in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.  Any decision as to whether a substance or object has ceased to be waste must be made—

(a)in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b)having regard to any guidance published by the appropriate authority or the appropriate body for the purposes of this Article.”;

(c)in paragraph 2—

(i)the first subparagraph were omitted;

(ii)in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii)the third and fourth subparagraphs were omitted;

(d)paragraph 3 were omitted;

(e)in paragraph 4—

(i)in the first subparagraph—

(aa)in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate body”;

(bb)the second sentence were omitted;

(ii)in the second subparagraph—

(aa)for “Member States” there were substituted “The appropriate body”;

(bb)“by competent authorities” were omitted.

(7) Article 7 is to be read as if—

(a)before paragraph 1 there were inserted—

“A1.  In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England or in Wales (as the case may be).”;

(b)in paragraph 1—

(i)the first and second sentences were omitted;

(ii)for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c)paragraphs 2, 3, 6 and 7 were omitted.

(8) Article 16 is to be read as if—

(a)in paragraph 1, in the first subparagraph—

(i)the words from “, in cooperation with” to “advisable,” were omitted;

(ii)“, taking into account best available techniques” were omitted;

(b)in paragraph 2—

( i) for “Community as a whole to become” there were substituted “ United Kingdom as a whole to move towards becoming ”;

(ii)for the words from “and to enable” to “individually” were omitted.

(9) Article 23(1) and (3) is to be read as if for “competent authority” there were substituted “ appropriate body ”.

(10)  Article 35(1) is to be read as if, for the second paragraph, there were substituted—

“They shall make that data available to the appropriate body through any electronic registry established for the reporting of such data or, if no such registry is in operation, in such form and manner as the appropriate body may specify.”.

(11) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

(12) Annex 4 is to be read as if—

(a)in paragraph 3, “at Community level” were omitted;

(b)in paragraph 6, for “this Directive and Directive 96/61/EC” there were substituted “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

(c)in paragraph 7, for “Directive 96/61/EC”, there were substituted “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

(d)in paragraph 10, “EMAS and” were omitted.

(13) Annex 4a is to be read as if, in point 6, “including through Union funds” were omitted.

Textual Amendments

Modification of Directive 2000/60/EC of the European Parliament and of the CouncilU.K.

3E.—(1) For the purposes of regulation 3C(4)(a), Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council is to be read as if—

(a)the reference to “Member States” were a reference to the appropriate authority or appropriate body;

(b)in the words after the sixth indent, “environmental objectives”—

(i)in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

(ii)in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii)in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

(2) In paragraph (1)(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.]

Textual Amendments

PART 2U.K.Waste prevention programmes

Establishment of waste prevention programmesU.K.

4.—(1) The appropriate authority must F11... —

(a)evaluate the usefulness of the waste prevention measures set out as examples in Annex IV of the Waste Framework Directive and any other such measures the authority thinks fit; and

(b)establish one or more programmes of waste prevention measures (each a “waste prevention programme”).

(2) A programme established before the coming into force of these Regulations may be a waste prevention programme.

F12(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Purposes etc. of waste prevention programmesU.K.

5.  The appropriate authority must ensure that a waste prevention programme—

(a)is compatible with the objectives in paragraphs 1 and 2 of Schedule 1;

[F13(aa)includes one or more programmes of food waste prevention measures;]

(b)has as its purpose a contribution towards breaking the link between economic growth and the environmental impacts associated with the generation of waste;

(c)is expressed in writing and—

(i)sets out the objectives of the programme and a description of existing waste prevention measures [F14and their contribution to waste prevention]; F15...

(ii)if it is integrated into a waste management plan or other programme, clearly identifies the programme's waste prevention measures;

[F16(iii)sets out at least the waste prevention measures listed in Schedule 1, Part 5; and

(iv)where relevant, describes the contribution of instruments listed in Schedule 1, Part 6 to waste prevention.]

Textual Amendments

Monitoring and evaluation of waste prevention programmesU.K.

[F176.—(1) An appropriate authority must establish appropriate qualitative and quantitative indicators and targets, such as on the quantity of waste that is generated, against which to monitor and assess the implementation of the waste prevention measures.

(2) An appropriate authority must publish the indicators and targets it establishes.]

Textual Amendments

PART 3U.K.Waste management plans

Requirement for waste management plansU.K.

7.—(1) The appropriate authority must ensure that there are one or more plans containing policies in relation to waste management in England or Wales, as the case may be (each a “waste management plan”).

(2) A waste management plan may form part of a document and, where this is the case, any requirement of law in relation to the plan applies only to that part.

(3) In this Part—

(a)“England” includes the sea adjacent to England out as far as the seaward boundary of the territorial sea;

(b)“Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;

(c)the sea adjacent to England is so much of the sea adjacent to Great Britain as is not the sea adjacent to Wales or the sea adjacent to Scotland;

(d)the sea adjacent to Wales has the same meaning as it has by virtue of section 158(3) or (4) of the Government of Wales Act 2006 M11; and

(e)the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland by virtue of section 126(2) of the Scotland Act 1998 M12.

Marginal Citations

M112006 c.32. The boundary between the sea adjacent to Wales and that adjacent to England is described by article 6 and Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162 of and paragraph 26 of Schedule 11 to the 2006 Act, S.I. 1999/672 continues to have effect.

M121998 c.46. The boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland and those which are not are set out in the Scottish Adjacent Water Boundaries Order 1999 (S.I. 1999/1126).

Content of waste management plansU.K.

8.—(1) The appropriate authority must ensure that the waste management plans (taken together) cover the whole of England or Wales, as the case may be.

(2) [F18Subject to Part 2A of Schedule 1,] the appropriate authority must ensure that the waste management plans F19...—

(a)include a statement of the authority's policies for attaining the objectives specified in Part 1 of Schedule 1; F20...

[F21(b)include the matters set out—

(i)in relation to England, in paragraphs 5 to 10 and 11(a)(ii) and (b) of Part 2 of Schedule 1;

(ii)in relation to Wales, in Part 2 of Schedule 1];

[F22(c)conform to the provisions in paragraph 5(1)(b) of Schedule 10 to the Environmental Permitting (England and Wales) Regulations 2016; and

(d)for the purposes of litter prevention, conform to—

(i)the programme of measures published pursuant to regulation 14(1) of the Marine Strategy Regulations 2010; and

(ii)each programme of measures proposed and approved under regulation 12(1) of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017—

(aa)in relation to England, for river basin districts that are wholly or partly in England;

(bb)in relation to Wales, for river basin districts that are wholly or partly in Wales.]

(3) The appropriate authority must consider, in particular, whether the matters set out in Part 3 of Schedule 1 should be included in the waste management plans.

(4) An appropriate authority must ensure that the waste management plans conform to the strategy for the reduction of biodegradable waste going to landfill—

(a)in relation to England, required by section 17(1) of the Waste and Emissions Trading Act 2003 M13;

(b)in relation to Wales, required by section 19(1) of that Act.

(5) A statement of policy made before the coming into force of these Regulations may be, or form part of, a waste management plan.

Textual Amendments

Marginal Citations

PART 4U.K.Waste prevention programmes and waste management plans: general provision

Directions to the Environment AgencyU.K.

[F239.—(1) An appropriate authority may give directions to an appropriate body requiring it—

(a)to advise the authority on the measures or policies which are to be included in a waste prevention programme or waste management plan;

(b)to carry out a survey or investigation into any other matter in connection with the preparation of such a programme or plan or any modification of it, and report its findings to the authority.

(2) A direction given under paragraph (1)(b)—

(a)must specify or describe the matters which are to be the subject of the survey or investigation;

(b)may specify bodies or persons to be consulted before carrying out the survey or investigation; and

(c)may make provision in relation to the manner in which—

(i)the survey or investigation is to be carried out; or

(ii)the findings are to be reported and made available.

(3) The appropriate body must comply with a direction given under paragraph (1).

(4) Where a direction is given under paragraph (1)(b), the appropriate body must also consult any body or person that it considers appropriate but is not specified in the direction.

(5) The appropriate body must make its findings available to the bodies and persons it consults.

(6) The power under paragraph (1) may only be exercised—

(a)by the Secretary of State in relation to the Natural Resources Body for Wales, with the consent of the Welsh Ministers;

(b)by the Welsh Ministers in relation to the Environment Agency, with the consent of the Secretary of State.]

Textual Amendments

Review and modification of programmes and plansU.K.

10.—(1) The appropriate authority—

(a)must review each waste prevention programme and national waste management plan at least every sixth year;

(b)may from time to time modify a programme or plan.

(2) The appropriate authority must ensure that the [F24appropriate body] and the bodies or persons mentioned in paragraph (3) are consulted during the preparation of—

(a)proposals for a waste prevention programme or national waste management plan; or

(b)proposals to modify such a programme or plan.

(3) They are such bodies or persons appearing to be representative of—

(a)the interests of local government; and

(b)the interests of industry,

as the authority considers appropriate.

(4) This regulation does not apply to a national waste management plan containing only provision relating to paragraph 8, 9, 10 or 11 of Schedule 1.

(5) Steps taken before the coming into force of these Regulations in relation to a waste prevention programme or national waste management plan may be steps for the purposes of this regulation.

Textual Amendments

Public participation in programmes and plansU.K.

11.—(1) Part 4 of Schedule 1 (public participation in the preparation or modification of a waste prevention programme or national waste management plan) has effect, but does not apply to a programme or plan—

(a)designed for the sole purpose of serving national defence or taken in case of civil emergencies;

(b)for which a public participation procedure is carried out under—

(i)Part 3 of the Environmental Assessment of Plans and Programmes Regulations 2004 M14, or

(ii)Part 3 of the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 M15; or

(c)containing only provision relating to paragraph 8, 9, 10 or 11 of Schedule 1.

(2) The appropriate authority must ensure that waste prevention programmes and national waste management plans are available on a publicly available website.

(3) Steps taken before the coming into force of these Regulations in relation to a waste prevention programme or national waste management plan may be steps for the purposes of Part 4 of Schedule 1.

Marginal Citations

PART 5U.K.Duties in relation to waste management and improved use of waste as a resource

Duty in relation to the waste hierarchyU.K.

12.—(1) An establishment or undertaking which imports, produces, collects, transports, recovers or disposes of waste, or which as a dealer or broker has control of waste must, on the transfer of waste, take all such measures available to it as are reasonable in the circumstances to apply the following waste hierarchy as a priority order—

(a)prevention;

(b)preparing for re-use;

(c)recycling;

(d)other recovery (for example energy recovery);

(e)disposal.

(2) But an establishment or undertaking may depart from the priority order in paragraph (1) so as to achieve the best overall environmental outcome where this is justified by life-cycle thinking on the overall impacts of the generation and management of the waste.

(3) When considering the overall impacts mentioned in paragraph (2), the following considerations must be taken into account—

(a)the general environmental protection principles of precaution and sustainability;

(b)technical feasibility and economic viability;

(c)protection of resources;

(d)the overall environmental, human health, economic and social impacts.

Duties in relation to collection of wasteU.K.

[F2513.—F26(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (4), an establishment or undertaking which collects waste paper, metal, plastic or glass must do so by way of separate collection.

(3) Subject to paragraph (4), every waste collection authority must, when making arrangements for the collection of waste paper, metal, plastic or glass, ensure that those arrangements are by way of separate collection.

[F27(4) The duties in this regulation apply where separate collection is necessary to ensure that waste undergoes preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of the Waste Framework Directive and to facilitate or improve preparing for re-use, recycling or recovery, unless one of the following conditions is met—

(a)collecting the waste paper, metal, plastic or glass together results in output from those operations which is of comparable quality to that achieved through separate collection;

(b)separate collection of the waste does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;

(c)separate collection of the waste is not technically feasible taking into consideration good practices in waste collection; or

(d)separate collection of the waste would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.]]

Textual Amendments

Duty in relation to collected wasteU.K.

[F2814.—(1) Subject to paragraph (2), an establishment or undertaking which collects, transports or receives waste must ensure that where that waste has been separately collected it is not mixed with other material with different properties.]

[F28(2) The duty in paragraph (1) applies where keeping waste separate is necessary to ensure that waste undergoes preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of the Waste Framework Directive and to facilitate or improve preparing for re-use, recycling or recovery, unless one of the following conditions is met—

(a)mixing certain types of waste together results in output from those operations which is of comparable quality to that achieved through keeping waste separate;

(b)keeping waste separate does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;

(c)keeping waste separate is not technically feasible taking into consideration good practices in waste collection; or

(d)keeping waste separate would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.]

Textual Amendments

GuidanceU.K.

15.—(1) The appropriate authority may give guidance on the discharge of the duties in regulations 12 to 14.

(2) An establishment or undertaking discharging any of the duties in regulations 12 to 14 must, in doing so, have regard to any such guidance.

PART 6U.K.Duties of planning authorities

General interpretationU.K.

16.—(1) In this Part—

“the 1990 Act” means the Town and Country Planning Act 1990 M16;

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004 M17;

“the 2008 Act” means the Planning Act 2008 M18;

“local planning authority” has the same meaning as in 1990 Act;

“mineral planning authority” has the same meaning as in section 1 of the 1990 Act M19;

“planning permission” has the meaning given in section 336 of the 1990 Act M20.

(2) In this Part, “the planning Acts” means—

(a)the 1990 Act;

(b)the Planning (Listed Buildings and Conservation Areas) Act 1990 M21;

(c)the Planning (Hazardous Substances) Act 1990 M22;

(d)the Planning (Consequential Provisions) Act 1990 M23;

(e)the 2004 Act; and

(f)the 2008 Act.

(3) In this Part, “planning authority” means—

(a)a local planning authority;

(b)a joint committee constituted under section 29 of the 2004 Act;

(c)a person appointed under paragraph 1 of Schedule 6 to the 1990 Act M24;

(d)a government department in respect of its functions under the planning Acts; or

(e)an appropriate authority in respect of its functions under the planning Acts.

Marginal Citations

M19Section 1 was amended by the Local Government (Wales) Act (c. 19), section 18(3) and (4).

M20The definition of “planning permission” in section 336 was amended by the Planning and Compensation Act 1991 (c. 34), sections 32 and 84(6) and Schedules 7 and 19.

Meaning of planning functionsU.K.

17.—(1) In this Part, “planning functions” means any of the following functions, other than a function which must be discharged by statutory instrument—

(a)determining—

(i)an application for planning permission under section 70 of the 1990 Act, or

(ii)an appeal made under section 78 of the 1990 Act in relation to the determination of such an application M25;

(b)deciding whether to take action under section 141(2) or (3) or 177(1)(a) or (b) of the 1990 Act M26, or under section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(c)deciding whether to direct under section 90(1), (2) or (2A) of the 1990 Act M27 that planning permission must be deemed to be granted;

(d)deciding whether—

(i)in making or confirming a discontinuance order, to include in the order any grant of planning permission, or

(ii)to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission;

(e)making a local development order under section 61A of the 1990 Act M28;

(f)discharging functions under Part 2 of the 1990 Act;

(g)discharging functions in relation to England under—

(i)Part 2 of and Schedule 8 to the 2004 Act, or

(ii)Part 5 of the Local Democracy, Economic Development and Construction Act 2009 M29;

(h)discharging functions in relation to Wales under Part 6 of and Schedule 8 to the 2004 Act;

(i)deciding whether to—

(i)make a development consent order under section 104 or 105 of the 2008 Act, or

(ii)make changes to, or revoke, such an order under section 153 of that Act, other than in accordance with paragraph 2 of Schedule 6 to that Act.

(2) In paragraph (1)(d), “discontinuance order” means an order under—

(a)section 102 of the 1990 Act (including an order made under that section by virtue of section 104 of that Act) M30; or

(b)paragraph 1 of Schedule 9 to the 1990 Act (including an order made under that paragraph by virtue of paragraph 11 of that Schedule).

Marginal Citations

M26Section 177 was amended by the Planning and Compensation Act 1991 (c. 34), section 32 and Schedule 7.

M27Section 90(1) was amended by the Environment Act 1995 (c. 25), section 78 and Schedule 10; section 90(2A) was inserted by the Transport and Works Act 1992 (c. 42), section 16(1).

M30Section 102 was amended by the Planning and Compensation Act 1991 (c. 34), section 32 and Schedule 7; section 102 and paragraph 1 of Schedule 9 were amended by section 21 of, and Schedule 1 to, that Act.

Exercise of planning functionsU.K.

18.  A planning authority must have regard to the following provisions of the Waste Framework Directive when exercising its planning functions to the extent that those functions relate to waste management—

(a)Article 13;

(b)the first paragraph of Article 16(1) F29...;

(c)Article 16(2) and (3).

Textual Amendments

InspectionsU.K.

19.—(1) This regulation applies where a planning authority has planning functions in relation to establishments or undertakings carrying on disposal or recovery of waste.

(2) The planning authority must ensure that appropriate periodic inspections of those establishments or undertakings are made M31.

Marginal Citations

M31Sections 196A-196C of the Town and Country Planning Act 1990 (c. 8) provide for powers relevant to inspection. Those sections were inserted by the Planning and Compensation Act 1991 (c. 34).

Further duties in relation to planning permissionU.K.

20.—(1) A planning authority must not grant planning permission or development consent for a landfill unless it has taken into consideration the requirements of—

(a)paragraph 1.1 of Annex I to [F30the Landfill Directive];

(b)paragraph 5 of that Annex, but only in respect of nuisances and hazards arising from traffic beyond the site of the landfill.

(2) A mineral planning authority must not grant planning permission for a mining waste facility to which Article 7 of [F31Mining Waste Directive] applies unless it is satisfied that—

(a)the operator of that facility will meet the requirements of Article 11(2)(a) of that Directive; and

(b)the management of waste at that facility will not conflict directly or otherwise interfere with the implementation of the plans referred to in Article 7(3)(b) of that Directive.

(3) In this regulation—

“landfill” has the meaning given in Article 2(g) of [F32the Landfill Directive], but does not include any operation excluded from the scope of that Directive by Article 3(2) [F33or (3)];

“mining waste facility” means a “waste facility” as defined in Article 3(15) of [F34the Mining Waste Directive], but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).

Textual Amendments

PART 7U.K.Deposits in the sea

InterpretationU.K.

21.  In this Part, “offshore licensing functions” means—

(a)functions under Part 2 of the Food and Environment Protection Act 1985 M32;

(b)functions under Part 4 of the Marine and Coastal Access Act 2009 M33,

other than functions which must be exercised by statutory instrument.

Marginal Citations

Exercise of offshore licensing functionsU.K.

22.  An appropriate authority must exercise its offshore licensing functions—

(a)so far as material, for the purposes of implementing the waste management plans;

(b)for the purposes of ensuring that—

(i)the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste; and

(ii)waste generated by the disposal or recovery of waste is treated in accordance with Article 4 of the Waste Framework Directive;

(c)for the purposes of implementing Article 13 of the Waste Framework Directive;

(d)so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met; and

(e)so as to ensure compliance with the following Articles of the Waste Framework Directive—

(i)Article 18(2)(b) and (c),

(ii)Article 23(3) and (4),

(iii)Article 35(1).

InspectionsU.K.

23.—(1) This regulation applies where an appropriate authority has offshore licensing functions in relation to establishments or undertakings carrying on disposal or recovery of waste.

(2) The appropriate authority must ensure that appropriate periodic inspections of those establishments or undertakings are made M34.

Marginal Citations

M34Section 11 of the Food and Environment Protection Act 1985 (c. 48) and sections 246 to 248 of the Marine and Coastal Access Act 2009 (c. 23) provide for powers relevant to inspection.

PART 8U.K.Registration of carriers, brokers and dealers

InterpretationU.K.

24.—(1) The regulations in this Part, to the extent that they relate to carriers of controlled waste, have effect as if they were made in exercise of the powers in sections 1(3), 2 and 4(6) of the Control of Pollution (Amendment) Act 1989 M35.

(2) Sections 3 and 4 of the Control of Pollution (Amendment) Act 1989 M36 have effect as if—

(a)references to carriers of controlled waste in those sections included references to brokers of and to dealers in controlled waste;

(b)references to the transport of controlled waste included references to acting as a broker of or dealer in controlled waste; and

(c)regulations 26 and 28 to 34, to the extent that they relate to brokers and dealers, were made in exercise of the powers in sections 2 and 4(6) of that Act.

(3) Section 3(5) and (6) of the Control of Pollution (Amendment) Act 1989 (in its application to carriers, brokers and dealers) has effect as if—

(a)references to provision made by virtue of subsection (1) or (2) include a reference to regulations 29(5) and 32(1); and

[F35(b)references to a prescribed offence include a relevant offence within the meaning of regulation 29]

(4) Section 7(1) of the Control of Pollution (Amendment) Act 1989 has effect as if the words “the provisions of this Act” included a reference to regulation 25.

(5) In this Part—

“the relevant time” means immediately before the coming into force of these Regulations;

“specified person” means—

(a)

a charity or voluntary organisation;

(b)

a waste collection authority;

(c)

an authority which is a waste disposal authority for the purposes of Part 2 of the Environmental Protection Act 1990 M37;

(d)

an authority which is a waste regulation authority for the purposes of Part 2 of the Environmental Protection Act 1990 M38;

(e)

a carrier which only transports waste produced by the carrier itself, except where it is construction or demolition waste (and “construction” includes improvement, repair and alteration);

(f)

a carrier which only transports, a broker which only arranges for the recovery or disposal of, or a dealer which only deals in—

(i)

animal by-products;

(ii)

waste from a mine or quarry; or

(iii)

waste from premises used for agriculture.

Textual Amendments

Marginal Citations

M351989 c.14. Section 2 was amended by the Environmental Protection Act 1990 (c. 43), section 162 and paragraph 31 of Schedule 15, by the Environment Act 1995 (c. 25), section 120 and paragraph 37 of Schedule 22, and by the Clean Neighbourhoods and Environment Act 2005 (c. 16), sections 36 and 107 and Part 4 of Schedule 5.

M36Section 3 was amended by the Environmental Protection Act 1990 (c. 43), section 162 and paragraph 31 of Schedule 15 and by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 36. Section 4 was also amended by those provisions of the Environmental Protection Act 1990, and by the Environment Act 1995, section 120 and paragraph 37 of Schedule 22. Section 7(1) was amended by those provisions of the Environmental Protection Act 1990 and the Environment Act 1995, and by the Anti-social Behaviour Act 2003 (c. 38), section 55.

M371990 c. 43. See section 30(2), which was amended by the Local Government (Wales) Act 1994, section 22(3) and paragraph 17(2) of Schedule 9.

M381990 c. 43. See section 30(1), which was substituted by the Environment Act 1995, section 120 and paragraph 62(2) of Schedule 22.

Registration of brokers and dealers in controlled wasteU.K.

25.  No person may act as a broker of or dealer in controlled waste unless registered with the [F36appropriate body].

Textual Amendments

Exemptions in relation to carriersU.K.

26.—(1) The following are not required to be a registered carrier of controlled waste for the purposes of section 1 of the Control of Pollution (Amendment) Act 1989—

(a)a carrier who is a specified person and who does not normally and regularly transport controlled waste;

(b)the operator of a vessel, aircraft, hovercraft, floating container or vehicle, in relation to its use, after it has been loaded with waste in circumstances in which a marine licence is required or would be required but for a marine exemption order for transporting the waste in order to carry out a specified marine operation.

(2) In paragraph (1)(b)—

“marine licence” means—

(a)

a licence under Part 2 of the Food and Environment Protection Act 1985; or

(b)

a marine licence under Part 4 of the Marine and Coastal Access Act 2009;

“marine exemption order” means an order under—

(a)

section 7 of the Food and Environment Protection Act 1985 (exemptions from licensing) M39; or

(b)

section 74 of the Marine and Coastal Access Act 2009 (which provides for exemptions from marine licensing);

“specified marine operation” means an operation mentioned in—

(a)

section 5 or 6 of the Food and Environment Protection Act 1985 (deposits in the sea or incineration) M40; or

(b)

an item numbered 1 to 6 or 11 to 13 in section 66(1) of the Marine and Coastal Access Act 2009 (which specifies licensable marine activities).

Marginal Citations

M39Section 7(1) was amended by S.I. 1999/1756, article 2 and paragraph 10 of the Schedule.

M40Sections 5 and 6 were amended by the Environmental Protection Act 1990 (c. 43), sections 146 and 162 and Part 8 of Schedule 16. Section 5 was also amended by section 1(1) and Part 2 of Schedule 1 to the Statute Law (Repeals) Act 1993 .

Transitional exemptionsU.K.

27.—(1) Until the end of 2013, a transitionally exempt carrier is not required to be registered as a carrier of controlled waste for the purposes of section 1 of the Control of Pollution (Amendment) Act 1989.

(2) Until the end of 2013, a transitionally exempt broker is not required to be registered as a broker of controlled waste for the purposes of regulation 25.

(3) In this regulation—

“transitionally exempt carrier” means a carrier who—

(a)

at the relevant time was not required to be registered as a carrier of controlled waste for the purposes of—

(i)

section 1 of the Control of Pollution (Amendment) Act 1989, and

(ii)

paragraph 12(1) of Schedule 4 to the Waste Management Licensing Regulations 1994 M41; or

(b)

had they been a carrier of controlled waste at the relevant time, would not have been required to be registered for those purposes;

“transitionally exempt broker” means a broker who—

(a)

at the relevant time was not required to be registered as a broker of controlled waste for the purposes of—

(i)

regulation 20(1) of the Waste Management Licensing Regulations 1994, and

(ii)

paragraph 12(2) of Schedule 4 to those Regulations, or

(b)

had they been a broker of controlled waste at the relevant time, would not have been required to be registered for those purposes.

Marginal Citations

M41S.I. 1994/1056, amended by S.I. 2000/1973, 2006/937, 2007/3538. There are other amendments but none is relevant. The Regulations are revoked by Schedule 5 to these Regulations.

The registerU.K.

28.—(1) The [F37appropriate body] must establish and maintain a register of carriers, brokers and dealers.

(2) A register of carriers or brokers held at the relevant time for the purposes of the Control of Pollution (Amendment) Act 1989 or the Waste Management Licensing Regulations 1994 is a register for the purposes of these Regulations.

Textual Amendments

Procedure for registrationU.K.

[F3829.—(1) This regulation applies to—

(a)registration of a carrier for the purposes of the Control of Pollution (Amendment) Act 1989; and

(b)registration of a broker or dealer for the purposes of regulation 25.

(2) An application for registration must be made to the appropriate body, using the form provided by that body.

(3) All the information required by the form must be provided, together with any fee prescribed in a charging scheme made by the appropriate body under section 41 of the Environment Act 1995.

(4) The appropriate body may require additional information to be provided.

(5) Registration may be refused if, in the opinion of the appropriate body—

(a)it is undesirable for the applicant to be authorised to transport controlled waste or to act as a broker or dealer of controlled waste (as the case may be); and

(b)[F39the applicant or another relevant person has been convicted of a relevant offence]

[F40(5A) A “relevant offence” means an offence under—

(a)the Scrap Metal Dealers Act 1964,

(b)section 1, 8, 9, 10, 11, 17, 18, 22 or 25 of the Theft Act 1968, where the offence relates to scrap metal or is an environment-related offence,

(c)section 170 or 170B of the Customs and Excise Management Act 1979, where the offence relates to scrap metal,

(d)section 9 of the Food and Environment Protection Act 1985,

(e)section 1, 5 or 7 of the Control of Pollution (Amendment) Act 1989,

(f)section 33, 34 or 34B of the Environmental Protection Act 1990,

(g)section 85, 202 or 206 of the Water Resources Act 1991,

(h)the Transfrontier Shipment of Waste Regulations 1994,

(i)section 110 of the Environment Act 1995,

(j)the Control of Major Accident Hazards Regulations [F412015],

(k)the Pollution Prevention and Control (England and Wales) Regulations 2000,

(l)Part 1 of the Vehicles (Crimes) Act 2001,

(m)regulation 17(1) of the Landfill (England and Wales) Regulations 2002,

(n)section 327, 328 or 330 to 332 of the Proceeds of Crime Act 2002 ,

(o)the Hazardous Waste (England and Wales) Regulations 2005,

(p)the Hazardous Waste (Wales) Regulations 2005,

(q)section 1 of the Fraud Act 2006, where the offence relates to scrap metal or is an environment-related offence,

(r)the Waste Electrical and Electronic Equipment Regulations 2006,

(s)regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007,

(t)the Producer Responsibility Obligations (Packaging Waste) Regulations 2007,

(u)the Transfrontier Shipment of Waste Regulations 2007,

(v)regulation 38 of the Environmental Permitting (England and Wales) Regulations 2010,

(w)regulation 42 of these Regulations,

(x)section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

(y)the Waste Electrical and Electronic Equipment Regulations 2013,

(z)the Scrap Metal Dealers Act 2013.

[F42(z1)regulation 38 of the Environmental Permitting (England and Wales) Regulations 2016.]]

[F40(5B) A relevant offence also includes—

(a)attempting or conspiring to commit a relevant offence;

(b)inciting or aiding, abetting, counselling or procuring the commission of a relevant offence; and

(c)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to a relevant offence.]

[F40(5C) For the purposes of paragraph (5A)—

“environment-related offence” means an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm;

“harm” means—

(a)

harm to the health of human beings or other living organisms;

(b)

harm to the quality of the environment;

(c)

offence to the senses of human beings;

(d)

damage to property; or

(e)

impairment of, or interference with, amenities or other legitimate uses of the environment.]

(6) On registration the appropriate body must provide a certificate of registration to the applicant.

[F43(6A) The appropriate body must, on payment of a reasonable charge, provide any person who has been provided with a certificate of registration under paragraph (6) with a copy of the certificate if requested.]

[F43(6B) The appropriate body must ensure that any copy is numbered and marked so as to show that it is a copy of the certificate and that it has been provided by the appropriate body under this regulation.]

(7) If registration is refused the appropriate body must notify the applicant and give written reasons for the refusal.

(8) For the purposes of an application under paragraph (2) the appropriate body is—

(a)in the case of a carrier, broker or dealer whose registered office or principal place of business is in England, the Environment Agency;

(b)in the case of a carrier, broker or dealer whose registered office or principal place of business is in Wales, the Natural Resources Body for Wales.]

Textual Amendments

Updating the registerU.K.

30.—(1) A registered carrier, broker or dealer must within 28 days inform the [F44appropriate body] of any change of circumstance affecting information in the entry relating to that carrier, broker or dealer.

(2) If the [F45appropriate body] becomes aware that the information held on the register is incorrect in respect of any carrier, broker or dealer, it may remove that person from the register where it is reasonable to do so.

(3) Where the [F45appropriate body] has the person's address, it must notify them of the removal and request the correct information.

(4) The [F45appropriate body] must restore the person to the register if the correct information comes to its notice.

Textual Amendments

Duration of a registrationU.K.

31.—(1) Unless revoked, registration of a specified person is indefinite.

(2) For other persons registration is for three years unless revoked.

(3) But registration is not valid during any period of removal from the register under regulation 30(2).

Revocation of registrationU.K.

32.—(1) A registration may be revoked if—

[F46(a)the registered person or another relevant person has been convicted of a relevant offence within the meaning of regulation 29;]

(b)in the opinion of the [F47appropriate body], it is undesirable for the registered carrier, broker or dealer to continue to be authorised to act as a carrier or broker of, or a dealer in, controlled waste (as the case may be).

(2) If a registration is revoked the [F48appropriate body] must notify the registered person and give written reasons for the revocation.

(3) A revocation comes into force—

(a)where no appeal is made, 28 days after the date the notification is received; or

(b)where an appeal is made, when it is withdrawn or refused.

Textual Amendments

AppealsU.K.

33.  An appeal under section 4 of the Control of Pollution (Amendment) Act 1989 must be received by the Secretary of State or the Welsh Ministers (as the case may be) within 28 days of the refusal or revocation that is the subject of the appeal.

InspectionsU.K.

34.—(1) The [F49appropriate body] must ensure that appropriate periodic inspections of registered carriers, brokers and dealers are made M42.

(2) If the inspection relates to collection or transport of controlled waste, the [F49appropriate body] must ensure that it covers the origin, nature, quantity and destination of that waste.

(3) In paragraph (2), “collection or transport” includes an operation where waste is transported following transfer between different carriers.

Textual Amendments

Marginal Citations

M42Section 108 of the Environment Act 1995 (c. 25) provides for powers relevant to inspection. That section was amended by the Anti-social Behaviour Act 2003 (c. 38), the Clean Neighbourhoods and Environment Act 2005 (c.16) and S.I. 2000/1973.

PART 9U.K.Transfer of waste

[F50Waste information] U.K.

35.—(1) This regulation takes effect as if it were made in exercise of the power in section 34(5) of the Environmental Protection Act 1990.

(2) When controlled waste is transferred in accordance with section 34(1)(c) of that Act the written description of the waste [F51(“written information”)] must—

(a)identify the waste to which it relates by reference to the appropriate codes in the List of Wastes F52..., give a description of the waste and state—

(i)its quantity and whether it is loose or in a container,

(ii)if in a container, the kind of container,

(iii)the time and place of transfer, and

(iv)the SIC code of the transferor;

(b)give the name and address of the transferor and the transferee and be signed by them;

(c)state whether each of the transferor and transferee are—

(i)the producer of the waste,

(ii)the importer of the waste,

(iii)the transporter of the waste,

(iv)a local authority,

(v)a holder of an environmental permit under [F53the Environmental Permitting (England and Wales) Regulations 2016], in which case the note must include the permit number (if any),

(vi)a person carrying on an operation to which section 33(1)(a) of the Environmental Protection Act 1990 does not apply by virtue of [F54regulation 4(3) of the Environmental Permitting (England and Wales) Regulations 2016],

(vii)a person registered as a carrier of controlled waste under the Control of Pollution (Amendment) Act 1989, in which case the note must include the registration number (if any),

(viii)a person registered as a broker of or dealer in controlled waste, in which case the note must include the registration number (if any);

(d)confirm that the transferor has discharged the duty in regulation 12.

(3) Until the end of the period of 6 months beginning with the day on which these Regulations are made, [F55the written information] may omit the [F56matters] required by paragraph (2)(a)(iv) and (d).

(4) The [F57written information] may be in electronic form if the person producing it can do so in a visible and legible documentary form.

(5) Where the [F58written information] is in electronic form, the signature required by paragraph (2)(b) must be an electronic signature (and “electronic signature” means data in electronic form which are attached to or logically associated with the[F58written information] and which serve as a method of authentication).

(6) The transferor and the transferee must keep [F59the written information], or a copy of it, for at least 2 years and produce it to an officer of the [F60appropriate body] or of a waste collection authority on demand within 7 days.

(7) This regulation does not apply where the waste transferred is hazardous waste and the consignment note and, where appropriate, schedule required by the Hazardous Waste (England and Wales) Regulations 2005 or the Hazardous Waste (Wales) Regulations 2005 are completed and dealt with in accordance with those Regulations.

(8) In this regulation “SIC code” means a code included in the UK Standard Industrial Classification of Industrial Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 M43.

Textual Amendments

F52 Words in reg. 35(2)(a) omitted (E.) (1.7.2015) by virtue of The Hazardous Waste (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1360), regs. 1(1), 8(3) (with Sch. 2); Words in reg. 35(2)(a) omitted (W.) (20.7.2015) by virtue of The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015 (S.I. 2015/1417), regs. 1(2), 5(3)

Marginal Citations

M43ISBN 978-0-230-21012-7.

PART 10U.K.Enforcement

InterpretationU.K.

36.  In this Part—

“the 1989 Act” means the Control of Pollution (Amendment) Act 1989 M44;

“compliance notice” has the meaning given in regulation 38(1);

“regulation authority” has the meaning given in section 9 of the 1989 Act M45;

“restoration notice” has the meaning given in regulation 40(1);

“specified person” has the meaning given in regulation 24(5);

“stop notice” has the meaning given in regulation 39(1).

Marginal Citations

M45Section 9 was amended in relation to the definition of “regulation authority” by the Environmental Protection Act 1990 (c. 43), section 120 and paragraph 37 of Schedule 22, by the Anti-social Behaviour Act 2003 (c. 38), section 55 and by Part 1 of Schedule 4 to these Regulations.

Enforcement authorityU.K.

37.  The [F61appropriate body] enforces Part 5 and regulation 25.

Textual Amendments

Compliance noticesU.K.

38.—(1) A “compliance notice” is a notice requiring a person to take specified steps within a specified period to secure that a contravention does not continue or recur.

(2) If the [F61appropriate body] considers that a person has contravened or is contravening regulation 12(1), [F6213(2)], 14(1) or 25 it may serve a compliance notice on that person.

(3) If a regulation authority considers that a person has contravened or is contravening section 1 of the 1989 Act it may serve a compliance notice on that person.

(4) A compliance notice must—

(a)state the authority's reason for serving it;

(b)specify the matters constituting the contravention;

(c)specify the steps which must be taken to secure that the contravention does not continue or recur;

(d)specify the period within which those steps must be taken;

(e)give information as to the rights of appeal (including the period within which an appeal must be brought).

Textual Amendments

Stop noticesU.K.

39.—(1) A “stop notice” is a notice prohibiting a person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.

(2) If the[F61appropriate body] considers that a person is carrying on an activity in contravention of regulation 12(1), [F6313(2)], 14(1) or 25 it may serve a stop notice on that person.

(3) If a regulation authority considers that a person is carrying on an activity in contravention of section 1 of the 1989 Act it may serve a stop notice on that person.

(4) A stop notice must—

(a)state the authority's reason for serving it;

(b)specify the matters constituting the contravention;

(c)specify the steps which must be taken to remedy the contravention;

(d)give information as to the rights of appeal (including the period within which an appeal must be brought).

Textual Amendments

Restoration noticesU.K.

40.—(1) A “restoration notice” is a notice requiring a person to take specified steps within a specified period to secure that the position is, so far as possible, restored to what it would have been if a contravention had not occurred.

(2) If the[F61appropriate body] considers that a person has contravened regulation 14(1) it may serve a restoration notice on that person.

(3) A restoration notice must—

(a)state the Environment Agency's reason for serving it;

(b)specify the matters constituting the contravention;

(c)specify the steps which must be taken to secure restoration, so far as possible;

(d)specify the period within which those steps must be taken;

(e)give information as to the rights of appeal (including the period within which an appeal must be brought).

Textual Amendments

AppealsU.K.

41.—(1) A person on whom a compliance notice, stop notice or restoration notice is served may appeal against the decision to serve it.

(2) The grounds for appeal are—

(a)that the decision was wrong in fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable;

(d)that any step specified in the notice is unreasonable;

(e)any other reason.

(3) The right of appeal is to the First-tier tribunal M46.

(4) The tribunal must determine the standard of proof.

(5) A notice, and any requirement in a notice, is not suspended pending an appeal unless the tribunal directs otherwise.

(6) The tribunal may—

(a)withdraw the requirement or notice;

(b)confirm the requirement or notice;

(c)vary the requirement or notice;

(d)take such steps as the authority serving the notice could take in relation to the act or omission giving rise to the requirement or notice;

(e)remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the authority.

Marginal Citations

M46Appeals are assigned to the General Regulatory Chamber of the tribunal by article 3 of S.I. 2010/2655. Procedural rules relating to such appeals are set out in S.I. 2009/1976 (amended by S.I. 2010/2653). Appeals must be brought within 28 days of the date on which notice of the act or decision to which the proceedings relate was sent to the appellant: see rule 22(1)(b).

Offence and penaltiesU.K.

42.—(1) A person is guilty of an offence who—

(a)if they are not a specified person, fails to comply with regulation 25; or

(b)fails to comply with a compliance notice, stop notice or restoration notice.

(2) A person guilty of an offence under—

(a)paragraph (1)(a); or

(b)paragraph (1)(b) in relation to contravention of regulation 25,

is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) A person guilty of an offence under paragraph (1)(b) in relation to contravention of regulation 12(1), [F6413(2)] or 14(1) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

Textual Amendments

Proceedings against partnerships and unincorporated associationsU.K.

43.—(1) Proceedings for an offence under regulation 42(1) alleged to have been committed by a partnership or unincorporated association may be brought against the partnership or association in the name of the partnership or association.

(2) For the purposes of such proceedings the following apply as if the partnership or unincorporated association were a body corporate—

(a)rules of court relating to the service of documents; and

(b)section 33 of the Criminal Justice Act 1925 M47 and Schedule 3 to the Magistrates' Courts Act 1980 M48.

(3) A fine imposed on a partnership or unincorporated association is to be paid out of the funds of the partnership or association.

Marginal Citations

Offences by bodies corporate, partnerships and unincorporated associationsU.K.

44.—(1) Where a body corporate is guilty of an offence under regulation 42(1), and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)any director, manager, secretary or other similar officer of the body corporate; or

(b)any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence.

(2) In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where a partnership is guilty of an offence under regulation 42(1), and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership, is guilty of the offence.

(4) In paragraph (3) “partner” includes a person purporting to act as a partner.

(5) Where an unincorporated association is guilty of an offence under regulation 42(1), and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.

(6) In paragraph (5) “officer”, in relation to an unincorporated association, means—

(a)an officer of the association or a member of its governing body; or

(b)a person purporting to act in such a capacity.

Proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989U.K.

45.  A regulation authority must not institute proceedings against a specified person for contravention of section 1 of the 1989 Act unless—

(a)the authority has served a compliance notice or stop notice on the person in respect of the contravention; and

(b)the person has failed to comply with the notice.

[F65PART 10AU.K.Authority to transport controlled waste

Textual Amendments

Specified requirements under section 5 of the Control of Pollution (Amendment) Act 1989U.K.

45A.—(1) Where a person is required to produce an authority for transporting controlled waste under section 5(2)(a) (power to require production of authority, stop and search etc) of the Control of Pollution (Amendment) Act 1989—

(a)a copy of that person’s certificate of registration as a carrier of controlled waste made in accordance with regulation 29(6A) and (6B) is authority for these purposes; and

(b)where the authority cannot be produced forthwith when required to do so, the authority must be produced at, or sent to, the relevant office no later than 5 working days from when required.

(2) For the purposes of paragraph (1)(b)—

(a)“relevant office” means an office of the appropriate body as may be specified by the authorised officer of a regulation authority or constable at the time the requirement is made;

(b)“working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971.

(3) For the purposes of paragraph (2)—

(a)“authorised officer” has the meaning given in section 9(1B) of the Control of Pollution (Amendment) Act 1989;

(b)“regulation authority” has the meaning given in section 9(1) of that Act, as read with section 9(1A) and (1AA).]

PART 11U.K.Final provisions

Registration: reduction of administrative burdenU.K.

46.—(1) This regulation applies to the [F66appropriate body] in relation to registration of—

(a)carriers and brokers of, and dealers in, controlled waste (see Part 8); and

(b)establishments and undertakings carrying on exempt waste operations under Schedule 2 to [F67the Environmental Permitting (England and Wales) Regulations 2016].

(2) The Environment Agency must, where possible, use existing records held by it to obtain information for the registration process in order to reduce the administrative burden.

Textual Amendments

Radioactive wasteU.K.

47.—[F68(1) This regulation applies to radioactive waste—

(a)which is a specified waste; and

(b)in respect of which a person—

(i)is carrying on a radioactive substances activity described in paragraph 11(2)(b) or (c) or (4) of Part 2 of Schedule 23 to [F69the Environmental Permitting (England and Wales) Regulations 2016]; and

(ii)is exempt from the requirement for an environmental permit under regulation 12(3) of those Regulations for that activity.]

(2) Radioactive waste to which this regulation applies must be treated as waste for the purposes of these Regulations.

(3) Sections 33 to 34C of the Environmental Protection Act 1990 apply to radioactive waste to which this regulation applies.

(4) In this regulation—

“environmental permit” has the meaning given in regulation 13(1) of [F70the Environmental Permitting (England and Wales) Regulations 2016];

[F71“radioactive substances exemption” means an exemption under [F70Part 6] of Schedule 23 to [F70the Environmental Permitting (England and Wales) Regulations 2016] from the requirement for an environmental permit under regulation 12 of those regulations in respect of a radioactive substances activity;]

“radioactive waste” and “radioactive substances activity” have the meanings given in [F72paragraphs 3 and 11] of Part 2 of Schedule 23 to [F70the Environmental Permitting (England and Wales) Regulations 2016];

F73...

[F71“specified waste” means—

(a)

NORM waste (as that term is defined in [F70Part 6] of Schedule 23 to [F70the Environmental Permitting (England and Wales) Regulations 2016]; or

(b)

the waste described in the first, second or sixth row of column 1 of table 6 in [F70Part 6] of Schedule 23 to [F70the Environmental Permitting (England and Wales) Regulations 2016].]

Textual Amendments

Amendments and revocationsU.K.

48.—(1) Schedule 2 (amendments to the Hazardous Waste (England and Wales) Regulations 2005) has effect.

(2) Schedule 3 (amendments to the Environmental Permitting (England and Wales) Regulations 2010) has effect.

(3) Schedule 4 (amendments to other legislation) has effect.

(4) Schedule 5 (revocations) has effect.

[F74ReviewU.K.

49.—(1) The Secretary of State must from time to time—

(a)carry out a review of these Regulations in relation to England;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Waste Framework Directive (which is implemented in part by means of these Regulations) is implemented in other member States.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of 5 years beginning with 1st October 2012.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.]

Textual Amendments

Signed on behalf of the Welsh Ministers

Jane Davidson

Minister for Environment, Sustainability and Housing

one of the Welsh Ministers

Henley

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Regulations 5, 8 and 11

SCHEDULE 1U.K.Waste prevention programmes and waste management plans

PART 1U.K.Objectives

Overall objectiveU.K.

1.  To protect the environment and human health by preventing or reducing [F75the generation of waste and] the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use.

Textual Amendments

Application of the waste hierarchyU.K.

2.—(1) To apply the following waste hierarchy as a priority order in waste prevention and management policy—

(a)prevention;

(b)preparing for re-use;

(c)recycling;

(d)other recovery (for example energy recovery);

(e)disposal.

(2) When applying the waste hierarchy in sub-paragraph (1), the appropriate authority must ensure that it—

(a)encourages the options that deliver the best overall environmental outcome, which may require specific waste streams to depart from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste;

(b)takes into account—

(i)the general environmental protection principles of precaution and sustainability,

(ii)technical feasibility and economic viability,

(iii)protection of resources, and

(iv)the overall environmental, human health, economic and social impacts.

[F76(3) To make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as those listed in paragraph 17 or other appropriate instruments and measures.]

Textual Amendments

Protection of human health and the environmentU.K.

3.  To ensure that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a)without risk to water, air, soil, plants or animals;

(b)without causing a nuisance through noise or odours; and

(c)without adversely affecting the countryside or places of special interest.

Principles of self-sufficiency and proximityU.K.

4.—(1) To establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including, where such collection also covers such waste from other producers F77....

(2) The network must be designed to enable the [F78United Kingdom as a whole to move towards becoming] self-sufficient in waste disposal and in the recovery of mixed municipal waste collected from private households, F79... taking into account geographical circumstances or the need for specialised installations for certain types of waste.

(3) The network must enable waste to be disposed of and mixed municipal waste collected from private households to be recovered in one of the nearest appropriate installations, by means of the most appropriate technologies, in order to ensure a high level of protection for the environment and human health.

(4) This paragraph does not require that the full range of final recovery facilities be located in England or in Wales or in England and Wales together.

Textual Amendments

[F80PART 2U.K.Matters which must be included in waste management plans

Textual Amendments

F80Sch. 1 Pts. 2, 2A substituted for Schs. 1 Pt. 2 (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 15(10)(b)

Analysis of the current waste management situation etc.U.K.

5.  An analysis of the current waste management situation in England or Wales, as the case may be, the measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste and an evaluation of how the plan will support the implementation of the objectives and provisions of the Waste Framework Directive.

General policies in relation to waste and litterU.K.

6.  As appropriate and taking into account the geographical level and geographical area to which the plan relates, provisions relating to—

(a)the type, quantity and source of waste generated within the territory, the waste likely to be shipped from or to the United Kingdom, and an evaluation of the development of waste streams in the future;

(b)existing major disposal and recovery installations, including any special arrangements for waste oils, hazardous waste, waste containing significant amounts of critical raw materials or waste streams addressed by specific legislation;

(c)an assessment of the need for closure of existing waste installations, and for additional waste installation infrastructure in accordance with the objective in paragraph 4;

(d)an assessment of the investments and other financial means, including for local authorities, required to meet the needs identified following the assessment in sub-paragraph (c);

(e)an assessment of existing waste collection schemes, including the material and territorial coverage of separate collection and measures to improve their operation, of any exceptions to the requirement for waste to be subject to separate collection and of the need for new collection schemes;

(f)sufficient information on the location criteria for site identification and on the capacity of future disposal or major recovery installations, if necessary;

(g)general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems;

(h)measures to combat and prevent all forms of littering and to clean up litter;

(i)appropriate qualitative or quantitative indicators and targets, including on the quantity of generated waste and its treatment and on municipal waste that is disposed of or subject to energy recovery.

Policies in relation to packaging wasteU.K.

7.  In pursuance of the objectives and measures in Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste, a chapter on the management of packaging and packaging waste, including measures taken—

(a)to prevent the formation of packaging waste in accordance with the Packaging (Essential Requirements) Regulations 2015;

(b)that consist of national programmes and projects to introduce extended producer responsibility schemes to minimise the environmental impact of packaging;

(c)that achieve a sustained reduction in the consumption of lightweight plastic carrier bags;

(d)that actively encourage public information and awareness campaigns concerning the adverse environmental impact of the excessive consumption of lightweight plastic carrier bags;

(e)that encourage the increase in the share of reuseable packaging placed on the market and of systems to reuse packaging in an environmentally sound manner without compromising food hygiene or the safety of consumers.

Policies in relation to separate collection of wasteU.K.

8.  Measures to promote high quality recycling including the setting up of separate collections of waste, subject to regulation 13.

Policies in relation to bio-wasteU.K.

9.  As appropriate, measures, in accordance with the objectives in paragraphs 2 and 3—

(a)to encourage the recycling, including composting and digestion, of bio-waste in a way that fulfils a high level of environment protection and results in output which meets relevant high-quality standards;

(b)to encourage home composting; and

(c)to promote the use of materials produced from bio-waste.

Policies in relation to re-useU.K.

10.  Measures to be taken to promote preparing for re-use activities, in particular—

(a)measures to encourage the establishment and support of preparing for re-use and repair networks;

(b)measures to facilitate, where compatible with proper waste management, the access of preparing for re-use and repair networks to waste held by collection schemes or facilities that can be prepared for re-use but is not destined for preparing for re-use by those schemes or facilities;

(c)the use of economic instruments;

(d)the use of procurement criteria;

(e)the setting of quantitative objectives.

Preparing for re-use and recycling targets and landfill reduction targetsU.K.

11.  Measures to be taken to ensure that—

(a)the preparing for re-use and the recycling of municipal waste is a minimum of—

(i)in relation to a national waste management plan relating to Wales—

(aa)55% by weight by 2025;

(bb)60% by weight by 2030;

(ii)in relation to any national waste management plan, 65% by weight by 2035; and

(b)the amount of municipal waste landfilled is reduced to 10% or less of the total amount of municipal waste generated (by weight) by 2035.]

[F80Part 2AU.K.Waste management plans: transitional provision

11A.—(1) This Part applies to a waste management plan that—U.K.

(a)is adopted before 1st October 2020; or

(b)is reviewed or modified under regulation 10, if the first formal preparatory act of that review or modification commenced before 1st October 2020.

(2) A waste management plan to which this Part applies—

(a)is not required—

(i)to include a statement of the appropriate authority’s policies for attaining the objectives specified in paragraphs 1 and 2(3) of Part 1 of this Schedule;

(ii)to include any of the matters set out in Part 2 of this Schedule; or

(iii)to comply with regulation 8(2)(c) or (d); but

(b)must include—

(i)a statement of the appropriate authority’s policies for attaining the objectives specified in Part 1 of this Schedule; and

(ii)the matters set out in Part 2 of this Schedule,

as they applied immediately before 1st October 2020.]

PART 3U.K.Matters which may be included in waste management plans

Matters which may be included in a waste management planU.K.

12.  Taking into account the geographical level and geographical area to which the plan relates—

(a)organisational aspects related to waste management including a description of the allocation of responsibilities between public and private actors carrying out waste management;

(b)an evaluation of the usefulness and suitability of the use of economic and other instruments in tackling various waste problems F81...;

(c)the use of awareness campaigns and information provision directed at the general public or at a specific set of consumers;

(d)historical contaminated waste disposal sites and measures for their rehabilitation.

Textual Amendments

PART 4U.K.Public participation in the preparation or modification of a waste prevention programme or national waste management plan

InterpretationU.K.

13.  In this Part—

“consultation bodies” means—

(a)

in relation to a waste prevention programme or national waste management plan relating to England—

(i)

Natural England, and

(ii)

the Historic Buildings and Monuments Commission for England (English Heritage);

(b)

in relation to a waste prevention programme or national waste management plan relating to Wales, [F82the Natural Resources Body for Wales];

“public consultees” means the persons to whose attention proposals for a programme or plan are brought by the appropriate authority pursuant to paragraph 14(1)(b).

Textual Amendments

Public participation proceduresU.K.

14.—(1) As soon as reasonably practicable after preparing proposals for a waste prevention programme or national waste management plan or for the modification of such a programme or plan, the appropriate authority must—

(a)send a copy of the proposals to the consultation bodies;

(b)take such steps as it considers appropriate to bring the proposals to the attention of the persons who in the authority's opinion—

(i)are, or are likely to be, affected by the programme or plan, or

(ii)have an interest in the programme or plan;

(c)inform the public consultees of the address (which may include a website)—

(i)at which a copy of the proposals may be viewed, and

(ii)from which a copy of the proposals may be obtained;

(d)invite the consultation bodies and public consultees to express their opinion on the proposals, specifying the address to which, and the period within which, opinions must be sent.

(2) The period referred to in paragraph (1)(d) must be of such length as will ensure that the consultation bodies and the public consultees are given an effective opportunity to express their opinion on the proposals.

(3) The appropriate authority must keep a copy of the proposals at its principal office for inspection by the public at all reasonable times free of charge.

(4) Nothing in paragraph (1)(c) requires the appropriate authority to provide copies free of charge, but where a charge is made it must be reasonable.

Procedures following public participationU.K.

15.—(1) Before decisions on a waste prevention programme or national waste management plan are made, the appropriate authority must take account of any opinion expressed by a consultation body or public consultee.

(2) As soon as reasonably practicable after making decisions on a waste prevention programme or national waste management plan, the appropriate authority must—

(a)inform the consultation bodies and the public consultees of the matters in paragraph (3);

(b)take such steps as it considers appropriate to bring those matters to the attention of the public; and

(c)if it has adopted the programme or plan, make a copy available at its principal office for inspection by the public at all reasonable times free of charge.

(3) The matters are—

(a)the decisions made by the appropriate authority on the programme or plan;

(b)the reasons and considerations on which those decisions are based; and

(c)information about the public participation procedure.

(4) Nothing in paragraph (2)(c) requires the appropriate authority to provide copies free of charge, but where a charge is made it must be reasonable.

[F83Part 5U.K.Waste prevention measures referred to in regulation 5(c)(iii)

Textual Amendments

16.  The waste prevention measures referred to in regulation 5(c)(iii) are measures to—U.K.

(a)promote and support sustainable production and consumption models;

(b)encourage the design, manufacturing and use of products that are resource-efficient, durable (including in terms of life span and absence of planned obsolescence), reparable, re-usable and upgradable;

(c)target products containing critical raw materials to prevent those materials becoming waste;

(d)encourage the re-use of products and the setting up of systems promoting repair and re-use activities, including in particular for—

(i)electrical and electronic equipment;

(ii)textiles;

(iii)furniture

(iv)packaging; and

(v)construction materials and products;

(e)encourage, as appropriate and without prejudice to intellectual property rights, the availability of spare parts, instruction manuals, technical information, or other instruments, equipment or software enabling the repair and re-use of products without compromising their quality and safety;

(f)reduce waste generation in processes related to industrial production, extraction of minerals, manufacturing, construction and demolition, taking into account best available techniques;

(g)reduce the generation of food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households;

(h)encourage food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products;

(i)promote the reduction of the content of hazardous substances in materials and products;

(j)reduce the generation of waste, in particular waste that is not suitable for preparing for re-use or recycling;

(k)identify products that are the main sources of littering and take appropriate measures to prevent and reduce litter from such products;

(l)aim to halt the generation of marine litter; and

(m)develop and support information campaigns to raise awareness about waste prevention and littering.]

[F83Part 6U.K.Examples of economic instruments and other measures to provide incentives for the application of the waste hierarchy

17.  The economic instruments and other measures referred to in paragraph 2(3) of this Schedule and regulation 5(c)(iv) are—U.K.

(a)charges and restrictions for the landfilling and incineration of waste which incentivise waste prevention and recycling, while keeping landfilling the least preferred waste management option;

(b)‘pay-as-you-throw’ schemes that charge waste producers on the basis of the actual amount of waste generated and provide incentives for separation at source of recyclable waste and for reduction of mixed waste;

(c)fiscal incentives for donation of products, in particular food;

(d)extended producer responsibility schemes for various types of waste and measures to increase their effectiveness, cost efficiency and governance;

(e)deposit-refund schemes and other measures to encourage efficient collection of used products and materials;

(f)sound planning of investments in waste management infrastructure;

(g)sustainable public procurement to encourage better waste management and the use of recycled products and materials;

(h)phasing out of subsidies which are not consistent with the waste hierarchy;

(i)use of fiscal measures or other means to promote the uptake of products and materials that are prepared for re-use or recycled;

(j)support to research and innovation in advanced recycling technologies and remanufacturing;

(k)use of best available techniques for waste treatment;

(l)economic incentives for regional and local authorities, in particular to promote waste prevention and intensify separate collection schemes, while avoiding support to landfilling and incineration;

(m)public awareness campaigns, in particular on separate collection, waste prevention and litter reduction, and mainstreaming these issues in education and training;

(n)systems for coordination, including by digital means, between all competent public authorities involved in waste management;

(o)promoting continuous dialogue and cooperation between all stakeholders in waste management and encouraging voluntary agreements and company reporting on waste.]

Regulation 48

SCHEDULE 2U.K.Amendments to the Hazardous Waste (England and Wales) Regulations 2005

PART 1 U.K.Amendments

1.  The Hazardous Waste (England and Wales) Regulations 2005 M49 are amended as follows.U.K.

Marginal Citations

M49S.I. 2005/894 amended by S.I. 2006/937, 2007/3476, 2007/3538, 2009/507, 2010/675, 2010/1159.

2.  For regulation 2, substitute—U.K.

“The Waste Directive and the meaning of waste

2.—(1) For the purposes of these Regulations—

(a)“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;

(b)“waste” means anything that—

(i)is waste within the meaning of Article 3(1) of the Waste Directive; and

(ii)subject to regulation 15, is not excluded from the scope of that Directive by Article 2(1), (2) or (3).

(2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions set out in Article 13 of that Directive, that is to say, to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a)without risk to water, air, soil, plants or animals;

(b)without causing a nuisance through noise or odours; and

(c)without adversely affecting the countryside or places of special interest.”.

3.  For regulation 3, substitute—U.K.

“Annex III to the Waste Directive

3.  A reference in these Regulations to—

(a)Annex III is a reference to Annex III (properties of waste which render it hazardous) to the Waste Directive, as that Annex is set out in Schedule 3;

(b)hazardous properties is a reference to the properties in Annex III.”.

4.  In regulation 4(1), in the definition of “the List of Wastes”, omit from “, being the list” to the end.U.K.

5.  In regulation 5—U.K.

(a)in paragraph (1)—

(i)for the definition of “consignment note”, substitute—

““consignment note”, in relation to a consignment of hazardous waste, means the identification document which is required to accompany the hazardous waste when it is transferred pursuant to Article 19(2) of the Waste Directive.”,

(ii)in the appropriate place, insert—

““domestic waste” means waste produced by a household;”,

(iii)for the definition of “multiple collection”, substitute—

““multiple collection” means a journey made by a single carrier which meets the following conditions—

(a)

the carrier collects more than one consignment of hazardous waste in the course of the journey;

(b)

each consignment is collected from different premises;

(c)

all the premises from which a collection is made are in England; and

(d)

all consignments collected are transported by that carrier in the course of a journey to the same consignee;”,

(iv)omit the definition of “multiple collection consignment note”;

(b)for paragraph (2), substitute—

“(2) In these Regulations—

“broker” means an undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I of the Waste Directive sets out a non-exhaustive list of disposal operations);

“holder” means the producer of the waste or the person who is in possession of it;

“management” means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker;

“producer” means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste;

“recovery” means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy (Annex II of the Waste Directive sets out a non-exhaustive list of recovery operations);

“waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils,

and cognate expressions must be construed accordingly.”;

(c)in paragraph (3)(c), for “, schedule of carriers or multiple collection consignment note”, substitute “ or schedule of carriers ”.

6.  In regulation 8(1), for “Annexes I, II and III”, substitute “ Annex III ”.U.K.

7.  In regulation 9—U.K.

(a)in paragraph (1)—

(i)for “Annexes I, II and III”, substitute “ Annex III ”,

(ii)omit “to the Hazardous Waste Directive”;

(b)after paragraph (1), insert—

“(1A) The Secretary of State must not decide to treat waste as non-hazardous under paragraph (1) if it has been diluted or mixed with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.”.

8.  In regulation 18—U.K.

(a)after the words “it has been”, insert “ diluted or has been ”;

(b)after paragraph (a), insert—

“(aa)in the case of hazardous waste comprising waste oil, waste oil of different characteristics;”.

9.  In regulation 19—U.K.

(a)in paragraph (1), for “(2) and (3)”, substitute “ (2), (3) and (4) ”;

(b)in paragraph (3), omit “or a registered exemption”;

(c)after paragraph (3), insert—

“(4) Paragraph (1) applies to the mixing of waste oil—

(a)only to the extent that the prohibition in that paragraph is technically feasible and economically viable; and

(b)only where such mixing would impede the treatment of the waste oil.”.

10.  In regulation 20(1)(a), omit “or a registered exemption”.U.K.

11.  In regulation 35—U.K.

(a)omit paragraphs (1)(c) and (4);

(b)in paragraph (5)—

(i)for “consignment note, schedule of carriers or multiple collection consignment note”, substitute “ consignment note or schedule of carriers ”,

(ii)for “Schedule 4, 5 or 6”, substitute “ Schedule 4 or 5 ”;

(c)after paragraph (5), insert—

“(6) Until the end of the period of 6 months beginning with the day on which the Waste (England and Wales) Regulations 2011 are made—

(a)a carrier may elect to use the multiple collection procedure which applied immediately before the coming into force of those Regulations; and

(b)the forms set out in these Regulations as originally enacted, or forms requiring the same information in substantially the same format, may be used instead of those substituted by the Waste (England and Wales) Regulations 2011.”.

12.  In regulation 36(1), for “38” substitute “ 39 ”.U.K.

13.  Omit regulation 38.U.K.

14.  In regulation 42—U.K.

(a)in paragraph (1), for “regulations 43 and 44” substitute “ regulation 43 ”;

(b)in paragraph (2), omit “38(6)(b) and (c),”.

15.  In regulation 43(1), omit “other than a case to which regulation 44 applies”.U.K.

16.  Omit regulation 44.U.K.

17.  In regulation 47—U.K.

(a)after paragraph (5)(b), omit “and”;

(b)in paragraph (5)(c), at the beginning, insert “ subject to paragraph (5A), ”;

(c)after paragraph (5), insert—

“(5A) If the person required to make or retain a register has a waste permit pursuant to which the site is operated, the period for retention of a consignment note required to be kept by regulation 51(2)(a) is—

(a)for 5 years after the deposit of the waste; or

(b)if the permit authorises disposal of waste in a landfill, until the permit is surrendered or revoked.

(5B) In paragraph (5A), “landfill” has the meaning given in Article 2(g) of Council Directive 1999/31/EC on the landfill of waste, but does not include any operation excluded from the scope of that Directive by Article 3(2).”.

18.  In regulation 48—U.K.

(a)in paragraph (3)(c), for “Annex IIA or IIB of the Waste Directive”, substitute “ Annex I or II of the Waste Directive (as the case may be) ”;

(b)after paragraph (6)(a), omit “and”;

(c)in paragraph (6)(b), at the beginning, insert “ subject to paragraph (6A), ”;

(d)after paragraph (6), insert—

“(6A) If the person required to make or retain a register has a waste permit pursuant to which the site is operated, the period for retention of a consignment note required to be kept by regulation 51(2)(a) is—

(a)for 5 years after the disposal or recovery of the waste; or

(b)if the permit authorises disposal of waste in a landfill (in addition to other treatment), until the permit is surrendered or revoked.

(6B) In paragraph (6A), “landfill” has the meaning given in Article 2(g) of Council Directive 1999/31/EC on the landfill of waste, but does not include any waste excluded from the scope of that Directive by Article 3(2).”.

19.  In regulation 49—U.K.

(a)in paragraph (1), for “consignor of hazardous waste”, substitute “ consignor or broker of, or dealer in, hazardous waste ”;

(b)for paragraph (3), substitute—

“(3) Any person required to keep a record by paragraph (1) must preserve it—

(a)while the person is a holder of the waste or (if not a holder) has control of the waste; and

(b)for 3 years after the date on which the waste is transferred to another person.”.

(c)in paragraph (4)—

(i)after “holder”, insert “ , dealer, broker ”,

(ii)after “recorded”, insert “ chronologically ”;

(d)in paragraph (5)—

(i)after the first occurrence of “holder”, insert “ , dealer, broker ”,

(ii)in sub-paragraph (b), before “consignor”, insert “ dealer, broker or ”.

20.  In regulation 50(3), after “entered”, insert “ chronologically ”.U.K.

21.  In regulation 51(2)(a), omit—U.K.

(a)“multiple consignment notes and”; and

(b)“or 44”.

22.  In regulations 52(1) and 55(3), for “Annex IIA or Annex IIB”, substitute “ Annex I or Annex II ”.U.K.

23.  Omit regulation 57.U.K.

24.  In regulation 60—U.K.

(a)in paragraph (1), for “Article 5”, substitute “ Article 16 ”;

(b)omit paragraph (2).

25.  In regulation 65(c), for “44” substitute “ 43 ”.U.K.

26.  In the table in regulation 65A(1), for “44” substitute “ 43 ”.U.K.

27.  In regulation 69(1)(e), for “44” substitute “ 43 ”.U.K.

28.  Omit Schedules 1, 2 and 6.U.K.

29.  For Schedule 3, substitute the Schedule set out in Part 2.U.K.

30.  For Schedule 4, substitute the Schedule set out in Part 3.U.K.

31.  In paragraph 4(3)(a) of Schedule 7, for “43 or 44” substitute “ 36 or 43 ”.U.K.

32.  In paragraph 7 of Schedule 7—U.K.

(a)in paragraph (1), for “regulation 38(1)”, substitute “ the definition of “multiple collection”in regulation 5(1) ”;

(b)in paragraph (2), omit the words after “these Regulations”;

(c)omit paragraph (3).

33.  In Schedule 11, omit paragraphs 3 to 6 and 9 to 23.U.K.

PART 2 U.K.The new Schedule 3

Regulation 3

“SCHEDULE 3U.K.Annex III to the Waste Directive

Properties of waste which render it hazardousU.K.
H1“Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3-A“Highly flammable”
— liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids), or
— substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or
— solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or be consumed after removal of the source of ignition, or
— gaseous substances and preparations which are flammable in air at normal pressure, or
— substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.
H3-B“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C.
H4“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5“Harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8“Corrosive”: substances and preparations which may destroy living tissue on contact.
H9“Infectious”: substances and preparations containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10“Toxic for reproduction”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12Waste which releases toxic or very toxic gases in contact with water, air or an acid.
H13(*)“Sensitizing”: substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of hypersensitization such that on further exposure to the substance or preparation, characteristic adverse effects are produced.
(*) As far as testing methods are available.
H14“Ecotoxic”: waste which presents or may present immediate or delayed risks for one or more sectors of the environment.
H15Waste capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics above.
Notes

1.  Attribution of the hazardous properties “toxic” (and “very toxic”), “harmful”, “corrosive”, “irritant”, “carcinogenic”, “toxic to reproduction”, “mutagenic” and “ecotoxic” is made on the basis of the criteria laid down by Annex VI to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

2.  Where relevant the limit values listed in Annex II and III to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations shall apply.

Test methods

The methods to be used are described in Annex V to Directive 67/548/EEC and in other relevant CEN-notes.”

PART 3 U.K.The new Schedule 4

Regulation 35(2)

“SCHEDULE 4U.K.

”

Regulation 48(2)

SCHEDULE 3U.K.Amendments to the Environmental Permitting (England and Wales) Regulations 2010

1.  The Environmental Permitting (England and Wales) Regulations 2010 M50 are amended as follows.U.K.

Marginal Citations

M50S.I. 2010/675, to which there are amendments not relevant to these Regulations.

2.  In regulation 2—U.K.

(a)in paragraph (1), for the definition of “waste”, substitute—

““waste”, except where otherwise defined, and subject to paragraph (4), means anything that—

(a)

is waste within the meaning of Article 3(1) of the Waste Framework Directive; and

(b)

is not excluded from the scope of that Directive by Article 2(1), (2) or (3).”;

(b)after paragraph (3), insert—

“(4) Notwithstanding section 15(2) of the Radioactive Substances Act 1993, radioactive waste must be treated as waste for the purposes of these Regulations and is subject to the requirement for an environmental permit where it—

(a)would (but for this paragraph) be exempt from the requirement for an environmental permit by virtue of—

(i)the Radioactive Substances (Phosphatic Substances, Rare Earths etc.) Exemption Order 1962;

(ii)the Radioactive Substances (Lead) Exemption Order 1962; or

(iii)the Radioactive Substances (Substances of Low Activity) Exemption Order 1986; and

(b)is subject to a radioactive substances activity falling within paragraph 5(2)(b) or (c) or (4) of Part 2 of Schedule 23.”.

3.  In regulation 3, for the definition of “the Waste Framework Directive”, substitute—U.K.

““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

4.—(1) Regulation 72 is renumbered as paragraph (1) of that regulation.U.K.

(2) After that paragraph, insert—

“(2) But on the coming into force of the Waste (England and Wales) Regulations 2011, paragraph (1) ceases to apply to radioactive waste to the extent that it is to be treated as waste by virtue of regulation 2(4).”.

5.  In Part 2 of Schedule 1—U.K.

(a)in paragraph 1 of Section 5.1 of Chapter 5—

(i)in the definition of “hazardous waste”, for “Article 4”, substitute “ Article 13 ”,

(ii)in the definition of “waste”, for “Article 1(1)(a)”, substitute “ Article 3(1) ”;

(b)in paragraph (c) of Part A(1) of Section 5.3 and in paragraph 3 following that Part of that Section, for each occurrence of “Annex IIA”, substitute “ Annex I ”;

(c)in paragraph 3 following Part A(1) of Section 5.4, for “Annex IIB”, substitute “ Annex II ”.

6.  In Schedule 2—U.K.

(a)omit paragraph 2(3);

(b)in paragraph 3(1)(c), for “Article 4(1)” substitute “ Article 13 ”;

(c)in paragraph 14—

(i)in sub-paragraph (3)(a), after “keep”, insert “ chronological ”,

(ii)for sub-paragraph (4)(a), substitute—

“(a)retain any records that it is required to keep under sub-paragraph (3) for a period of—

(i)3 years, if the operation involves the treatment of hazardous waste;

(ii)otherwise 2 years;”.

7.  In Section 2 of Chapter 2 of Part 1 of Schedule 3—U.K.

(a)in the table in paragraph U9 (use of waste to manufacture finished goods), omit the tenth entry (020106);

(b)in each of the tables in paragraphs U10 (spreading waste on agricultural land to confer benefit) and U11 (spreading waste on non-agricultural land to confer benefit), omit the second entry (020106).

8.  In section 2 of Chapter 3 of Part 1 of Schedule 3—U.K.

(a)in the table in paragraph T13 (treatment of food waste)—

(i)omit the first entry (020203, 020501),

(ii)in the second entry (020304, 020501, 020601, 020704), omit the words “excluding milk only”,

(iii)in the third entry (200199), omit the words “but excluding foods covered by the Animal By-Products Regulations”;

(b)omit paragraph T22 (treatment of animal by-product waste at a collection centre).

9.  In Schedule 9—U.K.

(a)for paragraph 4 substitute—

“Exercise of relevant functions

4.—(1) The regulator must exercise its relevant functions—

(a)for the purposes of ensuring that—

(i)the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste by a waste operation;

(ii)waste generated by a waste operation is treated in accordance with Article 4 of the Waste Framework Directive;

(b)for the purposes of implementing Article 13 of the Waste Framework Directive, but not in respect of nuisances and hazards arising from traffic beyond the site of a waste operation;

(c)so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met;

(d)so as to ensure compliance with the following Articles of the Waste Framework Directive—

(i)Article 18(2)(b) and (c);

(ii)Article 23(3);

(iii)Article 23(4);

(iv)Article 35(1).

(2) But the following duties take effect in relation to an environmental permit which is in force on the date of coming into force of the Waste (England and Wales) Regulations 2011 on the first review of the permit by the regulator (under regulation 34(1)) after that date—

(a)the duty in paragraphs (1)(a), (1)(d)(i) and (1)(d)(iii);

(b)the duty in paragraph (1)(c), to the extent that it is imposed in relation to Article 23(1)(e) and (f).”;

(b)omit paragraph 5.

10.  In Schedule 10, for paragraph 5(1)(d), substitute—U.K.

“(d)Article 8, but not in respect of nuisances and hazards arising from traffic beyond the site of a landfill;”.

11.  In paragraph 2 of Schedule 11, in each definition of “waste”, for “Article 1(1)(a)”, substitute “ Article 3(1) ”.U.K.

12.  In paragraph 2(2)(c) of Schedule 12, for “Article 1(1)(a)”, substitute “ Article 3(1) ”.U.K.

13.  In paragraph 2 of Schedule 21, in paragraph (a) of the definition of “waste”, after “Article 2(1)”, insert “ , (2) or (3) ”.U.K.

14.  In Part 1 of Schedule 25—U.K.

(a)omit the definitions in paragraph 1(1) except for “collection”, “collection point” and “place of production”;

(b)for the definition of “collection”, substitute “collection” has the same meaning as in Article 3(10) of the Waste Framework Directive; ”;

(c)omit paragraph 2.

15.  Omit Part 2 of Schedule 25.U.K.

Regulation 48(3)

SCHEDULE 4U.K.Amendments to other legislation

PART 1 U.K.Public General Acts

The Control of Pollution (Amendment) Act 1989U.K.

1.  After section 9(1A) of the Control of Pollution (Amendment) Act 1989 M51, insert—

“(1AA) But, in the case of a waste collection authority that is a regulation authority by virtue of subsection (1A), the powers conferred on that authority under sections 5 to 7 above are not exercisable by that authority in relation to specified persons (within the meaning of Part 8 of the Waste (England and Wales) Regulations 2011).”.

Marginal Citations

M511989 c. 14. Section 9(1A) was inserted by section 55 of the Anti-social Behaviour Act 2003.

The Town and Country Planning Act 1990U.K.

2.  In section 336(1) of the Town and Country Planning Act 1990 M52, for the definition of “waste”, substitute—

““waste” includes anything that—

(a)

is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste, and

(b)

is not excluded from the scope of that definition by Article 2(1), (2) or (3);”.

Marginal Citations

The Environmental Protection Act 1990U.K.

3.—(1) The Environmental Protection Act 1990 M53 is amended as follows.

(2) In section 33(13) M54, for “Annex IIA or IIB of Directive 2006/12/EC of the European Parliament and of the Council on waste”, substitute “ Annex I or II of Directive 2008/98/EC of the European Parliament and of the Council on waste ”.

(3) In section 34(1), for “as a broker”, substitute “ as a dealer or broker ”.

(4) In section 34(3)(c), at the end, insert “ or by virtue of regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.

(5) Omit section 44A M55.

(6) In section 57(8), for the definition of “waste” substitute—

““waste” means anything that is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste including anything excluded from the scope of that Directive by Article 2(1)(f) or 2(2)(b) or (c), but not including anything excluded by the remainder of that Article”.

(7) In section 62A M56—

(a)in each of subsections (1)(b) and (2)(b), for “Council Directive 91/689/EEC”, substitute “ Directive 2008/98/EC ”;

(b)for subsection (3), substitute—

“(3) In this section “the Hazardous Waste List” means the list of wastes established by Commission Decision 2000/532/EC.”.

(8) In section 75 M57—

(a)for subsection (2), substitute—

“(2) “Waste” means anything that is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste.”;

(b)omit subsections (10) to (12).

(9) Omit Schedules 2A and 2B M58.

Marginal Citations

M54Section 33(13) was inserted by S.I. 2007/3538, regulation 73 and paragraphs 2 and 4(6) of Schedule 21.

M55Section 44A was inserted by the Environment Act 1995 (c. 25) and amended by S.I. 2007/3538, regulation 73 and paragraphs 2 and 12 of Schedule 21.

M57Section 75(2) was amended by the Environment Act 1995 (c. 25), section 120(1) and paragraph 88 of Schedule 22.

M58Schedule 2A was inserted by the Environment Act 1995 (c. 25), section 92 and Schedule 12. Schedule 2B was inserted by section 120 and paragraph 95 of Schedule 22 to that Act.

The Environment Act 1995U.K.

4.—(1) The Environment Act 1995 M59 is amended as follows.

(2) In section 41(1)(c) M60, for “Council Directive 91/689/EEC”, substitute “ Directive 2008/98/EC to the extent that it relates to hazardous waste (within the meaning given by Article 3(2) of that Directive) ”.

(3) In section 56(1), for paragraph (h) of the definition of “environmental licence”, substitute—

“(h)registration of a person as a broker of or dealer in controlled waste under any provision which gives effect in England and Wales to Article 26(b) of Directive 2008/98/EC of the European Parliament and of the Council on waste,”.

Marginal Citations

M60Section 41(1)(c) was amended in relation to England by S.I. 2005/894, regulation 59, and in relation to Wales by S.I. 2005/1806 (W. 138), regulation 59.

The Greater London Authority Act 1999U.K.

5.—(1) The Greater London Authority Act 1999 M61 is amended as follows.

(2) In section 353 for subsection (4)(a) substitute—

“(a)the national waste management plan;”.

(3) In section 354, in subsection (2)(b) for the words from “strategy prepared by” to “waste strategy)” substitute “ national waste management plan ”.

(4) In section 360, in subsection (2) after the definition of “municipal waste” insert—

““the national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;”.

Marginal Citations

The Waste and Emissions Trading Act 2003U.K.

6.  For section 37(2) of the Waste and Emissions Trading Act 2003 M62, substitute—

“(2) For the purposes of this section, “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste.”.

Marginal Citations

The Government of Wales Act 2006U.K.

7.—(1) The Government of Wales Act 2006 M63 is amended as follows.

(2) In Field 6 of Part 1 of Schedule 5—

(a)after the heading “Not included in matters 6.1 and 6.2”, in paragraph (a), for “Article 2(1)(b)(v)” substitute “ Article 2(1)(e) ”;

(b)after the heading “Other interpretation of this field” for the definition of “Waste Directive” substitute—

““Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

Marginal Citations

M632006 c. 32. Field 6 of Part 1 of Schedule 5 was inserted by S.I. 2010/248.

PART 2 U.K.Secondary legislation

The Town and Country Planning (Use Classes) Order 1987U.K.

8.  For article 3(6)(j) of the Town and Country Planning (Use Classes) Order 1987 M64, substitute—

“(j)as a waste disposal installation for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) or landfill of hazardous waste as defined (in relation to England) in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 or (in relation to Wales) in regulation 6 of the Hazardous Waste (Wales) Regulations 2005,”.

Marginal Citations

M64S.I. 1987/764, amended by S.I. 1999/293. There are other amendments but none is relevant.

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991U.K.

9.—(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M65 are amended as follows.

(2) In regulation 1(2), omit all the definitions except “the 1989 Act” and “notice”.

(3) Omit regulation 1(3), regulations 2 to 18 and Schedule 1.

Marginal Citations

M65S.I. 1991/1624; relevant amending instruments are S.I. 1992/588, 1994/1056, 1996/593, 1998/605, 2006/937, 2007/3538.

The Environment Act 1995 (Consequential Amendments) Regulations 1996U.K.

10.  Omit paragraphs 9 and 10 of Schedule 2 to the Environment Act 1995 (Consequential Amendments) Regulations 1996 M66.

Marginal Citations

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999U.K.

11.  [F84In Schedule 1 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 M67, in each of paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC”.]

Textual Amendments

Marginal Citations

M67S.I. 1999/293; relevant amending instruments are S.I. 2005/894, S.I. 2005/1806 (W. 138).

The Town and Country Planning (Development Plan) (England) Regulations 1999U.K.

12.—(1) The Town and Country Planning (Development Plan) (England) Regulations 1999 M68 are amended as follows.

(2) In regulation 2, in paragraph (1) for the definition of “national waste strategy” substitute—

““the national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;”.

(3) In regulation 9, for sub-paragraph (b) of paragraph (1) substitute—

“(b)the national waste management plan;”.

(4) In regulation 20, for sub-paragraph (b) of paragraph (1) substitute—

“(b)the national waste management plan;”.

Marginal Citations

M68S.I. 1999/3280, to which there are amendments not relevant to these Reguations.

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000U.K.

13.—(1) The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 M69 are amended as follows.

(2) In regulation 2(1)—

(a)in the definition of “disposal”, for “Annex IIA of Directive 75/442/EEC, as amended,”, substitute “ Annex I of Directive 2008/98/EC on waste ”;

(b)in the definition of “used PCBs”, for “Directive 75/442/EEC”, substitute “ Directive 2008/98/EC ”.

(3) In the title to Schedule 1, for “Annex IIA of Directive 75/442/EEC on waste, as amended”, substitute “ Annex I of Directive 2008/98/EC on waste ”.

Marginal Citations

M69S.I. 2000/1043, to which there are amendments not relevant to these Regulations.

The Town and Country Planning (London Spatial Development Strategy) Regulations 2000U.K.

14.  In regulation 6 (regard to be had to certain matters and statement of regard) of the Town and Country Planning (London Spatial Development Strategy) Regulations 2000 M70, for paragraph (1)(a) substitute—

“(a)the national waste management plan within the meaning of the Waste (England and Wales) Regulations 2011;”.

Marginal Citations

M70S.I. 2000/1491, to which there are amendments not relevant to these Regulations.

The Packaging (Essential Requirements) Regulations 2003U.K.

15.  F85...

Textual Amendments

The End-of-Life Vehicles Regulations 2003U.K.

16.  In regulation 2 of the End-of-Life Vehicles Regulations 2003 M71—

(a)in the definition of “end-of-life vehicle”, for “Article 1(a)”, substitute “ Article 3(1) ”;

(b)for the definition of “recovery”, substitute—

““recovery” has the meaning given by Article 3(15) of the Waste Directive;”;

(c)for the definition of “the Waste Directive”, substitute—

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

Marginal Citations

M71S.I. 2003/2635, amended by S.I. 2007/3538. There are other amendments but none is relevant.

The Town and Country Planning (Local Development) (England) Regulations 2004U.K.

F8617.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Landfill Allowances and Trading Scheme (England) Regulations 2004U.K.

F8718.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The End-of-Life Vehicles (Producer Responsibility) Regulations 2005U.K.

19.  In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 M72—

(a)in the definition of “end-of-life vehicle”, for “Article 1(a)”, substitute “ Article 3(1) ”;

(b)for the definition of “recovery”, substitute—

““recovery” has the meaning given by Article 3(15) of the Waste Directive;”;

(c)for the definition of “the Waste Directive”, substitute—

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

Marginal Citations

M72S.I. 2005/263, to which there are amendments not relevant to these Regulations.

The List of Wastes (England) Regulations 2005U.K.

20.—(1) The List of Wastes (England) Regulations 2005 M73 are amended as follows.

(2) In regulation 2—

(a)for sub-paragraph (a) of paragraph (1), substitute—

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”;

(b)for sub-paragraph (c) of paragraph (1), substitute—

“(c)a reference to hazardous properties is a reference to the properties set out in Annex III to the Waste Directive.”;

(c)for sub-paragraph (b) of paragraph (2), substitute—

“(b)“the List of Wastes” means the list of Wastes set out in the Annex to the List of Wastes Decision, as it is set out in Schedule 1, and a reference to the List of Wastes includes a reference to its introduction (“the Introduction to the List”).”.

(3) In regulation 4—

(a)before “properties”, insert “ hazardous ”;

(b)omit “of Annex III”.

(4) Omit paragraphs 1 and 2 of Schedule 2.

Marginal Citations

M73S.I. 2005/895, to which there are amendments not relevant to these Regulations.

The Waste Management (England and Wales) Regulations 2006U.K.

21.  Omit regulations 4 and 12 of the Waste Management (England and Wales) Regulations 2006 M74.

Marginal Citations

M74S.I. 2006/937, to which there are amendments not relevant to these Regulations.

The Waste Electrical and Electronic Equipment Regulations 2006U.K.

22.  In regulation 2(1) of the Waste Electrical and Electronic Equipment Regulations 2006 M75—

(a)in the definition of “disposal”, for the words from “Annex IIA” to the end, substitute “ Annex I to Directive 2008/98/EC of the European Parliament and of the Council on waste ”;

(b)in the definition of “recovery”, for the words “Annex IIB to Directive 2006/12/EC”, substitute “ Annex II to Directive 2008/98/EC ”;

(c)in the definition of “waste electrical and electronic equipment”, for the words “Article 1(a) of Directive 2006/12/EC”, substitute “ Article 3(1) of Directive 2008/98/EC ”.

Marginal Citations

M75S.I. 2006/3289, to which there are amendments not relevant to these Regulations.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007U.K.

23.—(1) The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M76 are amended as follows.

(2) In regulation 2—

(a)in paragraph (1), for the definition of “the Waste Directive”, substitute—

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”;

(b)in paragraph (2), in the definition of “recovery”, for “Annex IIB” substitute “ Annex II ”.

(3) In paragraph 2 of Schedule 7—

(a)in sub-paragraph (b), for “Annex IIB” substitute “ Annex II ”;

(b)in sub-paragraph (c), for “Annex IIA or Annex IIB” substitute “ Annex I or II ”.

Marginal Citations

M76S.I. 2007/871, to which there are amendments not relevant to these Regulations.

The Transfrontier Shipment of Waste Regulations 2007U.K.

24.  In regulation 11 of the Transfrontier Shipment of Waste Regulations 2007 M77, for “Article 7 of Directive 2006/12/EC” substitute “ Article 28 of Directive 2008/98/EC ”.

Marginal Citations

M77S.I. 2007/1711, to which there are amendments not relevant to these Regulations.

The Environmental Permitting (England and Wales) Regulations 2007U.K.

25.  Omit paragraphs 12, 31 and 32 of Schedule 21 to the Environmental Permitting (England and Wales) Regulations 2007 M78.

Marginal Citations

M78S.I. 2007/3538, to which there are amendments not relevant to these Regulations.

The Town and Country Planning (Mayor of London) Order 2008U.K.

26.  In article 6 of the Town and Country Planning (Mayor of London) Order 2008 M79, for paragraph (2)(g) substitute—

“(g)the national waste management plan within the meaning of the Waste (England and Wales) Regulations 2011 and prepared by the Secretary of State;”.

Marginal Citations

The Batteries and Accumulators (Placing on the Market) Regulations 2008U.K.

27.  For regulation 7(3) of the Batteries and Accumulators (Placing on the Market) Regulations 2008 M80, substitute—

“(3) In this regulation “waste battery” means any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste.”.

Marginal Citations

The Environmental Damage (Prevention and Remediation) Regulations 2009U.K.

28.  In Schedule 2 to the Environmental Damage (Prevention and Remediation) Regulations 2009 M81, in paragraph 3(1), for the words from “Directive 2006/12/EC” to the end, substitute “ Directive 2008/98/EC of the European Parliament and of the Council on waste ”.

Marginal Citations

M81S.I. 2009/153, to which there are amendments not relevant to these Regulations.

The Renewables Obligation Order 2009U.K.

29.  In article 2(1) of the Renewables Obligation Order 2009 M82—

(a)in the definition of “hazardous waste”, for “Article 1(4) of the Hazardous Waste Directive”, substitute “ Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste ”;

(b)omit the definition of “Hazardous Waste Directive”.

Marginal Citations

M82S.I. 2009/785, to which there are amendments not relevant to these Regulations.

The Waste Batteries and Accumulators Regulations 2009U.K.

30.  In regulation 2(1) of the Waste Batteries and Accumulators Regulations 2009 M83,—

(a)in the definition of “disposal”, for “Annex IIA to Directive 2006/12/EC”, substitute “ Annex I to Directive 2008/98/EC ”;

(b)for the definition of “waste battery”, substitute—

““waste battery” means any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

Marginal Citations

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009U.K.

31.  In Schedule 1 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M84, in each of paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “ Annex I to Directive 2008/98/EC ”.

Marginal Citations

Regulation 48(4)

SCHEDULE 5U.K.Revocations

The following instruments are revoked to the extent specified.

Regulations revokedReferencesExtent of revocation
The Environmental Protection (Duty of Care) Regulations 1991S.I. 1991/2839The Regulations insofar as they apply in England and Wales
The Waste Management Licensing Regulations 1994S.I. 1994/1056The Regulations insofar as they apply in England and Wales
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations 1998S.I. 1998/605The Regulations insofar as they apply in England and Wales
The Environmental Protection (Duty of Care) (England) (Amendment) Regulations 2003S.I. 2003/63The whole Regulations
The Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005S.I. 2005/3026The whole Regulations

Explanatory Note

(This note is not part of the Regulations)

These Regulations transpose, for England and Wales, Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No. L 312, 22.11.2008, p3).

Part 2 requires the establishment of waste prevention programmes and makes related provision.

Part 3 and Schedule 1 require waste management plans for England and Wales.

Part 4 and Schedule 1 make supplementary provision in relation to waste prevention programmes and waste management plans, including provision for public participation in their preparation and revision.

Part 5 imposes duties in relation to the improved use of waste as a resource. Regulation 12 requires the waste hierarchy in Article 4 of the Directive to be applied as a priority order. Regulations 13 and 14 apply from 1st January 2015 to require the separate collection of waste paper, metal, plastic and glass and prohibit mixing of those wastes once separately collected.

Part 6 imposes duties on planning authorities (defined in regulation 16(3)) when exercising certain functions under the planning Acts (defined in regulation 16(2)).

Part 7 imposes duties on authorities responsible for licensing deposits of waste at sea.

Part 8 makes provision in relation to carriers of waste and brokers and dealers in waste and Part 9 provides for the transfer note to be completed on the transfer of waste.

Part 10 provides for enforcement.

Part 11 and Schedules 2 to 4 make provision in relation to the reduction of administrative burden, radioactive waste and the amendment and revocation of other legislation.

A full impact assessment of the effect that this instrument will have on business, the voluntary sector and the public sector is available from the Waste Programme, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.

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