Legalize / United Kingdom / Statutory-Instrument

The Waste (England and Wales) Regulations 2011

Type Statutory-Instrument

Publication 2011-03-28

Last updated 2026-03-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

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 consulted—the Environment Agency;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; andsuch other bodies or persons as they consider appropriate.

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 consulted—

the Environment Agency;

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

such other bodies or persons as they consider appropriate.

The Secretary of State is designated for the purposes of the European Communities Act 1972 in relation to the environment. The Welsh Ministers are designated 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 , 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 .

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.

PART 1 — General

Citation, commencement and extent

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.

Application

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.

Interpretation

3

(1) In these Regulations—

“appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

“appropriate body” means—in relation to England, the Environment Agency;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 ;

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

“hazardous waste”—in relation to England has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ;in relation to Wales has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ;

“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—in England outside Greater London—a district council,a county council, orthe Council of the Isles of Scilly;in Greater London—the council of a London borough,the Common Council of the City of London,the Sub-Treasurer of the Inner Temple, orthe Under-Treasurer of the Middle Temple;in Wales—a county council, ora 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;

“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 ;

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

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

“waste prevention measures” means measures taken before a substance, material or product has become waste that reduce—the quantity of waste, including through the re-use of products or the extension of the life span of products;the adverse impacts of generated waste on the environment and human health; orthe 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.

PART 2 — Waste prevention programmes

Establishment of waste prevention programmes

4

(1) The appropriate authority must ... —

(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.

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

Purposes etc. of waste prevention programmes

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;

(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;

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

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

(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.

Monitoring and evaluation of waste prevention programmes

6

(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.

PART 3 — Waste management plans

Requirement for waste management plans

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 ; 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 .

Content of waste management plans

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) Subject to Part 2A of Schedule 1, the appropriate authority must ensure that the waste management plans ...—

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

(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;

(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 ;

(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.

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

Directions to the Environment Agency

9

(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

(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.

Review and modification of programmes and plans

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 appropriate 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.

Public participation in programmes and plans

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 , or

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

(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.

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

Duty in relation to the waste hierarchy

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;

(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;

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

Duties in relation to collection of waste

13

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) In relation to Wales, paragraphs (2) to (4) apply in relation to the collection of waste from a domestic property or a caravan.

(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.

(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.

Duty in relation to collected waste

14

(A1) In relation to Wales, paragraphs (1) and (2) apply in relation to separately collected waste from a domestic property or a caravan.

(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.

(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;

(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.

Guidance

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 6 — Duties of planning authorities

General interpretation

16

(1) In this Part—

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

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

“the 2008 Act” means the Planning Act 2008 ;

“the 2024 Act” means the Infrastructure (Wales) Act 2024;

“infrastructure consent” means the consent required by section 19 of the 2024 Act;

“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 ;

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

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

(a) the 1990 Act;

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

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

(e) the 2004 Act; ...

(f) the 2008 Act ; ...

(g) the Historic Environment (Wales) Act 2023 ; and

(h) the 2024 Act.

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

(a) a local planning authority;

(ba) a local planning authority or minerals and waste planning authority for the purposes of Part 2 of the 2004 Act;

(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.

Meaning of planning functions

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 ;

(b) deciding whether to take action under section 141(2) or (3) or 177(1)(a) or (b) of the 1990 Act , ... under section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 , or under paragraph 2(5) and (6) of Schedule 9 to the Historic Environment (Wales) Act 2023;

(c) deciding whether to direct under section 90(1), (2) or (2A) of the 1990 Act 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 ;

(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 ;

(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) ; 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).

Exercise of planning functions

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) ...;

Inspections

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 .

Further duties in relation to planning permission

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 the 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 Mining 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 the Landfill Directive, but does not include any operation excluded from the scope of that Directive by Article 3(2) or (3);

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

PART 7 — Deposits in the sea

Interpretation

21

In this Part, “offshore licensing functions” means—

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

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

Exercise of offshore licensing functions

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;

(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).

Inspections

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 .

PART 8 — Registration of carriers, brokers and dealers

Interpretation

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 .

(2) Sections 3 and 4 of the Control of Pollution (Amendment) Act 1989 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

(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 charity or voluntary organisation;a waste collection authority;an authority which is a waste disposal authority for the purposes of Part 2 of the Environmental Protection Act 1990 ;an authority which is a waste regulation authority for the purposes of Part 2 of the Environmental Protection Act 1990 ;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);a carrier which only transports, a broker which only arranges for the recovery or disposal of, or a dealer which only deals in—animal by-products;waste from a mine or quarry; orwaste from premises used for agriculture.

Registration of brokers and dealers in controlled waste

25

No person may act as a broker of or dealer in controlled waste unless registered with the appropriate body.

Exemptions in relation to carriers

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 licence under Part 2 of the Food and Environment Protection Act 1985; ora marine licence under Part 4 of the Marine and Coastal Access Act 2009;

“marine exemption order” means an order under—section 7 of the Food and Environment Protection Act 1985 (exemptions from licensing) ; orsection 74 of the Marine and Coastal Access Act 2009 (which provides for exemptions from marine licensing);

“specified marine operation” means an operation mentioned in—section 5 or 6 of the Food and Environment Protection Act 1985 (deposits in the sea or incineration) ; oran 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).

Transitional exemptions

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—at the relevant time was 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, andparagraph 12(1) of Schedule 4 to the Waste Management Licensing Regulations 1994 ; orhad 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—at the relevant time was not required to be registered as a broker of controlled waste for the purposes of—regulation 20(1) of the Waste Management Licensing Regulations 1994, andparagraph 12(2) of Schedule 4 to those Regulations, orhad they been a broker of controlled waste at the relevant time, would not have been required to be registered for those purposes.

The register

28

(1) The appropriate 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.

Procedure for registration

29

(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) the applicant or another relevant person has been convicted of a relevant offence

(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,

(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 2015,

(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.

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

(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.

(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—harm to the health of human beings or other living organisms;harm to the quality of the environment;offence to the senses of human beings;damage to property; orimpairment 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.

(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.

(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.

Updating the register

30

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

(2) If the appropriate 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 appropriate body has the person's address, it must notify them of the removal and request the correct information.

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

Duration of a registration

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 registration

32

(1) A registration may be revoked if—

(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 appropriate 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 appropriate 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.

Appeals

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.

Inspections

34

(1) The appropriate body must ensure that appropriate periodic inspections of registered carriers, brokers and dealers are made .

(2) If the inspection relates to collection or transport of controlled waste, the appropriate 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.

PART 9 — Transfer of waste

The transfer note

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 (“written information”) must—

(a) identify the waste to which it relates by reference to the appropriate codes in the List of Wastes ..., 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;

(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 the 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 regulation 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, the written information may omit the matters required by paragraph (2)(a)(iv) and (d).

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

(5) Where the written 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 thewritten information and which serve as a method of authentication).

(6) The transferor and the transferee must keep the written information, or a copy of it, for at least 2 years and produce it to an officer of the appropriate 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 .

PART 10 — Enforcement

Interpretation

36

In this Part—

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

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

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

“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).

Enforcement authority

37

The appropriate body enforces Part 5 and regulation 25.

Compliance notices

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 appropriate body considers that a person has contravened or is contravening regulation 12(1), 13(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;

(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).

Stop notices

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 theappropriate body considers that a person is carrying on an activity in contravention of regulation 12(1), 13(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;

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

Restoration notices

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 theappropriate 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;

(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).

Appeals

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;

(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 .

(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;

(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.

Offence and penalties

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), 13(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.

Proceedings against partnerships and unincorporated associations

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 and Schedule 3 to the Magistrates' Courts Act 1980 .

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

Offences by bodies corporate, partnerships and unincorporated associations

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 1989

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.

PART 11 — Final provisions

Registration: reduction of administrative burden

46

(1) This regulation applies to the appropriate 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 the 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.

Radioactive waste

47

(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 the 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 the Environmental Permitting (England and Wales) Regulations 2016;

“radioactive substances exemption” means an exemption under Part 6 of Schedule 23 to the 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 paragraphs 3 and 11 of Part 2 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016;

“specified waste” means—NORM waste (as that term is defined in Part 6 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016; orthe waste described in the first, second or sixth row of column 1 of table 6 in Part 6 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016.

Amendments and revocations

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.

SCHEDULE 1 — Waste prevention programmes and waste management plans

PART 1 — Objectives

Overall objective

1

To protect the environment and human health by preventing or reducing the 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.

Application of the waste hierarchy

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;

(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.

(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.

Protection of human health and the environment

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

Principles of self-sufficiency and proximity

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 ....

(2) The network must be designed to enable the United 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, ... 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.

PART2 — Matters which must be included in waste management plans

Analysis of the current waste management situation etc.

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

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 waste

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;

(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 waste

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-waste

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

Policies in relation to re-use

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;

(d) the use of procurement criteria;

(e) the setting of quantitative objectives.

Preparing for re-use, recovery and recycling targets

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.

PART 3 — Matters which may be included in waste management plans

Matters which may be includedin a waste management plan

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 ...;

(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.

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

Interpretation

13

In this Part—

“consultation bodies” means—in relation to a waste prevention programme or national waste management plan relating to England—Natural England, andthe Historic Buildings and Monuments Commission for England (English Heritage);in relation to a waste prevention programme or national waste management plan relating to Wales, the 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).

Public participation procedures

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;

(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 participation

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

(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.

SCHEDULE 2 — Amendments to the Hazardous Waste (England and Wales) Regulations 2005

PART 1 — Amendments

1

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

2

For regulation 2, substitute—

(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—

(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.

5

In regulation 5—

(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— 1. the carrier collects more than one consignment of hazardous waste in the course of the journey; 2. each consignment is collected from different premises; 3. all the premises from which a collection is made are in England; and 4. 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 ”.

7

In regulation 9—

(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—

(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—

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

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

(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”.

11

In regulation 35—

(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 ”;

(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 ”.

13

Omit regulation 38.

14

In regulation 42—

(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”.

16

Omit regulation 44.

17

In regulation 47—

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

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

(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—

(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”;

(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—

(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.

(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 ”.

21

In regulation 51(2)(a), omit—

(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 ”.

23

Omit regulation 57.

24

In regulation 60—

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

(b) omit paragraph (2).

25

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

26

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

27

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

28

Omit Schedules 1, 2 and 6.

29

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

30

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

31

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

32

In paragraph 7 of Schedule 7—

(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”;

33

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

PART 2 — The new Schedule 3

PART 3 — The new Schedule 4

SCHEDULE 3 — Amendments to the Environmental Permitting (England and Wales) Regulations 2010

1

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

2

In regulation 2—

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

“waste”, except where otherwise defined, and subject to paragraph (4), means anything that— 1. is waste within the meaning of Article 3(1) of the Waste Framework Directive; and 2. 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—

“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.

(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—

(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 ”;

6

In Schedule 2—

(a) omit paragraph 2(3);

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

(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—

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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.