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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 [F1the 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.

[F2(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 F3....

(2) The network must be designed to enable the [F4United 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, F5... 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

[F6PART 2U.K.Matters which must be included in waste management plans

Textual Amendments

F6Sch. 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.]

[F6Part 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 F7...;

(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, [F8the 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.

[F9Part 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.]

[F9Part 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.]