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The Waste (England and Wales) Regulations 2011

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement and extent

    2. 2.Application

    3. 3.Interpretation

  3. PART 2 Waste prevention programmes

    1. 4.Establishment of waste prevention programmes

    2. 5.Purposes etc. of waste prevention programmes

    3. 6.Monitoring and evaluation of waste prevention programmes

  4. PART 3 Waste management plans

    1. 7.Requirement for waste management plans

    2. 8.Content of waste management plans

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

    1. 9.Directions to the Environment Agency

    2. 10.Review and modification of programmes and plans

    3. 11.Public participation in programmes and plans

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

    1. 12.Duty in relation to the waste hierarchy

    2. 13.Duties in relation to collection of waste

    3. 14.Duty in relation to collected waste

    4. 15.Guidance

  7. PART 6 Duties of planning authorities

    1. 16.General interpretation

    2. 17.Meaning of planning functions

    3. 18.Exercise of planning functions

    4. 19.Inspections

    5. 20.Further duties in relation to planning permission

  8. PART 7 Deposits in the sea

    1. 21.Interpretation

    2. 22.Exercise of offshore licensing functions

    3. 23.Inspections

  9. PART 8 Registration of carriers, brokers and dealers

    1. 24.Interpretation

    2. 25.Registration of brokers and dealers in controlled waste

    3. 26.Exemptions in relation to carriers

    4. 27.Transitional exemptions

    5. 28.The register

    6. 29.Procedure for registration

    7. 30.Updating the register

    8. 31.Duration of a registration

    9. 32.Revocation of registration

    10. 33.Appeals

    11. 34.Inspections

  10. PART 9 Transfer of waste

    1. 35. Waste information

  11. PART 10 Enforcement

    1. 36.Interpretation

    2. 37.Enforcement authority

    3. 38.Compliance notices

    4. 39.Stop notices

    5. 40.Restoration notices

    6. 41.Appeals

    7. 42.Offence and penalties

    8. 43.Proceedings against partnerships and unincorporated associations

    9. 44.Offences by bodies corporate, partnerships and unincorporated associations

    10. 45.Proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989

  12. PART10A Authority to transport controlled waste

    1. 45A.Specified requirements under section 5 of the Control of Pollution (Amendment) Act 1989

  13. PART 11 Final provisions

    1. 46.Registration: reduction of administrative burden

    2. 47.Radioactive waste

    3. 48.Amendments and revocations

    4. 49.Review

  14. Signature

    1. SCHEDULE 1

      Waste prevention programmes and waste management plans

      1. PART 1 Objectives

        1. 1.Overall objective

        2. 2.Application of the waste hierarchy

        3. 3.Protection of human health and the environment

        4. 4.Principles of self-sufficiency and proximity

      2. PART 2 Matters which must be included in waste management plans

        1. 5.Analysis of the current waste management situation etc.

        2. 6.General policies in relation to waste and litter

        3. 7.Policies in relation to packaging waste

        4. 8.Policies in relation to separate collection of waste

        5. 9.Policies in relation to bio-waste

        6. 10.Policies in relation to re-use

        7. 11.Preparing for re-use and recycling targets and landfill reduction targets

      3. Part 2A Waste management plans: transitional provision

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

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

        1. 12.Matters which may be included in a waste management plan

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

        1. 13.Interpretation

        2. 14.Public participation procedures

        3. 15.Procedures following public participation

      6. Part 5 Waste prevention measures referred to in regulation 5(c)(iii)

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

      7. Part 6 Examples of economic instruments and other measures to provide incentives for the application of the waste hierarchy

        1. 17.The economic instruments and other measures referred to in paragraph...

    2. SCHEDULE 2

      Amendments to the Hazardous Waste (England and Wales) Regulations 2005

      1. PART 1 Amendments

        1. 1.The Hazardous Waste (England and Wales) Regulations 2005 are amended...

        2. 2.For regulation 2, substitute— The Waste Directive and the meaning...

        3. 3.For regulation 3, substitute— Annex III to the Waste Directive...

        4. 4.In regulation 4(1), in the definition of “the List of...

        5. 5.In regulation 5— (a) in paragraph (1)—

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

        7. 7.In regulation 9— (a) in paragraph (1)—

        8. 8.In regulation 18— (a) after the words “it has been”,...

        9. 9.In regulation 19— (a) in paragraph (1), for “(2) and...

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

        11. 11.In regulation 35— (a) omit paragraphs (1)(c) and (4);

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

        13. 13.Omit regulation 38.

        14. 14.In regulation 42— (a) in paragraph (1), for “regulations 43...

        15. 15.In regulation 43(1), omit “other than a case to which...

        16. 16.Omit regulation 44.

        17. 17.In regulation 47— (a) after paragraph (5)(b), omit “and”;

        18. 18.In regulation 48— (a) in paragraph (3)(c), for “Annex IIA...

        19. 19.In regulation 49— (a) in paragraph (1), for “consignor of...

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

        21. 21.In regulation 51(2)(a), omit— (a) “multiple consignment notes and”; and...

        22. 22.In regulations 52(1) and 55(3), for “Annex IIA or Annex...

        23. 23.Omit regulation 57.

        24. 24.In regulation 60— (a) in paragraph (1), for “Article 5”,...

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

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

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

        28. 28.Omit Schedules 1, 2 and 6.

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

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

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

        32. 32.In paragraph 7 of Schedule 7— (a) in paragraph (1),...

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

      2. PART 2 The new Schedule 3

        1. SCHEDULE 3 Annex III to the Waste Directive Regulation 3 Properties...

      3. PART 3 The new Schedule 4

        1. SCHEDULE 4 Regulation 35(2)

    3. SCHEDULE 3

      Amendments to the Environmental Permitting (England and Wales) Regulations 2010

      1. 1.The Environmental Permitting (England and Wales) Regulations 2010 are amended...

      2. 2.In regulation 2— (a) in paragraph (1), for the definition...

      3. 3.In regulation 3, for the definition of “the Waste Framework...

      4. 4.(1) Regulation 72 is renumbered as paragraph (1) of that...

      5. 5.In Part 2 of Schedule 1— (a) in paragraph 1...

      6. 6.In Schedule 2— (a) omit paragraph 2(3);

      7. 7.In Section 2 of Chapter 2 of Part 1 of...

      8. 8.In section 2 of Chapter 3 of Part 1 of...

      9. 9.In Schedule 9— (a) for paragraph 4 substitute— Exercise of...

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

      11. 11.In paragraph 2 of Schedule 11, in each definition of...

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

      13. 13.In paragraph 2 of Schedule 21, in paragraph (a) of...

      14. 14.In Part 1 of Schedule 25— (a) omit the definitions...

      15. 15.Omit Part 2 of Schedule 25.

    4. SCHEDULE 4

      Amendments to other legislation

      1. PART 1 Public General Acts

        1. 1.The Control of Pollution (Amendment) Act 1989

        2. 2.The Town and Country Planning Act 1990

        3. 3.The Environmental Protection Act 1990

        4. 4.The Environment Act 1995

        5. 5.The Greater London Authority Act 1999

        6. 6.The Waste and Emissions Trading Act 2003

        7. 7.The Government of Wales Act 2006

      2. PART 2 Secondary legislation

        1. 8.The Town and Country Planning (Use Classes) Order 1987

        2. 9.The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

        3. 10.The Environment Act 1995 (Consequential Amendments) Regulations 1996

        4. 11.The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

        5. 12.The Town and Country Planning (Development Plan) (England) Regulations 1999

        6. 13.The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

        7. 14.The Town and Country Planning (London Spatial Development Strategy) Regulations 2000

        8. 15.The Packaging (Essential Requirements) Regulations 2003

        9. 16.The End-of-Life Vehicles Regulations 2003

        10. 17.The Town and Country Planning (Local Development) (England) Regulations 2004

        11. 18.The Landfill Allowances and Trading Scheme (England) Regulations 2004

        12. 19.The End-of-Life Vehicles (Producer Responsibility) Regulations 2005

        13. 20.The List of Wastes (England) Regulations 2005

        14. 21.The Waste Management (England and Wales) Regulations 2006

        15. 22.The Waste Electrical and Electronic Equipment Regulations 2006

        16. 23.The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

        17. 24.The Transfrontier Shipment of Waste Regulations 2007

        18. 25.The Environmental Permitting (England and Wales) Regulations 2007

        19. 26.The Town and Country Planning (Mayor of London) Order 2008

        20. 27.The Batteries and Accumulators (Placing on the Market) Regulations 2008

        21. 28.The Environmental Damage (Prevention and Remediation) Regulations 2009

        22. 29.The Renewables Obligation Order 2009

        23. 30.The Waste Batteries and Accumulators Regulations 2009

        24. 31.The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

    5. SCHEDULE 5

      Revocations

      1. The following instruments are revoked to the extent specified. Regulations...

  15. Explanatory Note

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