The Recycling, Preparation for Re-use and Composting Targets (Definitions) (Wales) Order 2011

Made: 25 February 2011

Laid before the National Assembly for Wales: 1 March 2011

Coming into force: 30 March 2011

The Welsh Ministers have consulted those persons which they are required to consult by section 8(1) of that Measure.

Title, application and commencement

1

The title of this Order is the Recycling, Preparation for Re-use and Composting Targets (Definitions) (Wales) Order 2011; it applies in relation to Wales and comes into force on 30 March 2011.

Interpretation

2

In this Order—

• “the Measure” (“y Mesur”) means the Waste (Wales) Measure 2010;

• “recovery operation” (“gweithred adennill”) means any operation involving the reprocessing, checking, cleaning, repairing, composting or anaerobic digestion of waste the principal result of which is waste capable of serving a purpose;

• “the targets” (“y targedau”) means the recycling, preparation for re-use and composting targets specified in section 3(3) of the Measure.

Recycling

3

• (1) Local authority municipal waste[^f00002] is recycled for the purpose of the targets when—

• (a) the waste has undergone a reprocessing recovery operation; and

• (b) the waste is reprocessed into a product, material or substance, whether for its original or other purpose.

• (2) But local authority municipal waste is not recycled for the purposes of the targets if it is used for fuel or for backfilling operations.

• (3) In this article, a “backfilling operation” means an operation where waste is used for reclamation purposes in excavated areas or for engineering purposes in landscaping.

Preparation for Re-use

4

• (1) Local authority municipal waste is prepared for re-use for the purpose of the targets when—

• (a) a waste product or component of a waste product has undergone a checking, cleaning or repairing recovery operation; and

• (b) the waste product or component of a waste product can be re-used for its original purpose.

Composting

5

• (1) Local authority municipal waste is composted for the purpose of the targets when—

• (a) biodegradable waste has undergone a recovery operation of composting or anaerobic digestion; and

• (b) the waste has been reprocessed into a product, material or substance that is capable of use as a soil conditioner, fertiliser or growing medium.

• (2) In this article, “composting” means the biological treatment of waste where the decomposition and stabilisation of the waste is achieved through microbial activity from an aerobic process.

• (3) In this article, “anaerobic digestion” means the biological treatment of waste where the decomposition and stabilisation of the waste is achieved through microbial activity from an anaerobic process.

Signed

Jane Davidson — Minister for Environment, Sustainability and Housing, one of the Welsh Ministers — 25 February 2011

Explanatory note

(This note is not part of the Order)

Section 3 of the Waste (Wales) Measure 2010 (“the Measure”) establishes statutory targets for the percentage of a local authority’s municipal waste which must be recycled, prepared for re-use and composted.

This Order supplements the Measure, by setting out when local authority municipal waste is recycled (article 3), prepared for re-use (article 4) and composted (article 5) for the purposes of those targets.

Footnotes

[^f00001]: 2010 nawm 8.

[^f00002]: Local authority municipal waste is defined in section 3(8) of the Measure as the total amount by weight of each of the following: all the waste collected by a local authority under section 45 of the Environmental Protection Act 1990 (c. 43); all waste deposited at places provided by a local authority under subsection (1)(b) and (3) of section 51 of that Act; and such other waste as may be specified by order of the Welsh Ministers.