The Waste Separation Requirements (Wales) Regulations 2023

Made: 29 November 2023

Coming into force: 6 April 2024

In accordance with section 160A(2) and (5) of the Environmental Protection Act 1990[^f00006], section 2(8) of the 1999 Act[^f00007] and section 61(2) of the 2008 Act[^f00008], a draft of these Regulations has been laid before, and approved by resolution of, Senedd Cymru.

PART 1 — Introduction

Title, coming into force and application

1

• (1) The title of these Regulations is the Waste Separation Requirements (Wales) Regulations 2023.

• (2) These Regulations come into force on 6 April 2024.

• (3) These Regulations apply in relation to Wales.

Interpretation

2

In these Regulations—

• “the 1990 Act” (“Deddf 1990”) means the Environmental Protection Act 1990;

• “caravan” (“carafán”) has the meaning given by section 75(5)(b) of the 1990 Act;

• “cartons and similar” (“cartonau a’u tebyg”) means fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

• “controlled waste” (“gwastraff a reolir”) has the meaning given by section 75(4) of the 1990 Act;

• “domestic property” (“eiddo domestig”) has the meaning given by section 75(5)(a) of the 1990 Act;

• “electrical and electronic equipment” (“offer trydanol ac electronig”) means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

• “food waste” (“gwastraff bwyd”) has the meaning given by section 34D(5) of the 1990 Act, but does not include— animal by-products comprising Category 1 material as listed in Article 8, or Category 2 material as listed in Article 9, of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption[^f00009], food waste from premises that produce less than 5 kilogrammes of food waste in seven consecutive days, or any waste categorised as hazardous under regulation 6 of the Hazardous Waste (Wales) Regulations 2005[^f00010] or containing residues of, or contaminated by, waste or substances categorised as hazardous under regulation 6 of those Regulations;

• “premises” (“mangre”) does not include a domestic property or a caravan;

• “presenting waste for collection” (“cyflwyno gwastraff i’w gasglu”) includes an occupier of premises taking controlled waste to a centralised collection point;

• “recyclable waste streams” (“ffrydiau gwastraff ailgylchadwy”) means— glass; cartons and similar, metal and plastic; paper and card; food waste; unsold small waste electrical and electronic equipment; unsold textiles, each comprising of the waste sub-fractions listed in Schedule 1, and “recyclable waste stream” means each of the individual streams listed in paragraphs (a) to (f);

• “regulator” (“rheoleiddiwr”) means Natural Resources Wales;

• “small waste electrical and electronic equipment” (“offer trydanol ac electronig gwastraff bach”) means electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013[^f00011], excluding items with any external dimension of more than 50 centimetres;

• “unsold” (“nas gwerthwyd”) means an unused consumer product, in a factory, retail premises, wholesaler, warehouse or other premises, that has not been sold to a consumer or has been sold and returned by a consumer.

PART 2 — Separation Requirements

Duties in relation to presentation of waste

3

• (1) For the purposes of section 45AA(4) of the 1990 Act, the separation requirements are that each recyclable waste stream must, as a minimum, be presented for collection separately from any other recyclable waste stream and from other types of controlled waste or other substances or articles.

• (2) Notwithstanding regulation 3(1), food waste within its original packaging may be presented for collection within the food waste recyclable waste stream provided that it is not reasonably practicable for the occupier to separate the food waste from its original packaging and that waste will be taken to and processed at a facility for—

• (a) preparation for re-use, or

• (b) recycling.

• (3) Paragraph (1) does not apply to—

• (a) an occupier of a hospital until 6 April 2026;

• (b) controlled waste collected by a local authority as respects any relevant highway in respect of which a local authority has a duty under section 89(1)(a) of the 1990 Act to ensure that the land is, so far as is practicable, kept clear of litter and refuse;

• (c) controlled waste collected by a principal litter authority as respects its relevant land in respect of which a principal litter authority has a duty under section 89(1)(c) of the 1990 Act to ensure that the land is, so far as is practicable, kept clear of litter and refuse.

• (4) In this regulation—

• “hospital” (“ysbyty”) has the meaning given by section 206(1) of the National Health Service (Wales) Act 2006[^f00012];

• “preparation for re-use” (“paratoi i’w ailddefnyddio”) means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be used again for the same purpose for which they were conceived without any pre-processing;

• “principal litter authority” (“prif awdurdod sbwriel”), “relevant highway” (“priffordd berthnasol”) and “relevant land” (“tir perthnasol”) have the meanings given by section 86 of the 1990 Act;

• “recycling” (“ailgylchu”) means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.

Duties in relation to collection of waste

4

For the purposes of section 45AA(1) and (2)(a) of the 1990 Act, the separation requirements are that each recyclable waste stream that has been presented separately for collection under regulation 3 must, as a minimum, be collected separately from any other recyclable waste stream and from other types of controlled waste or other substances or articles.

Duties in relation to collected waste

5

• (1) For the purposes of section 45AA(2)(b) of the 1990 Act, the separation requirements are that, where controlled waste has been separately collected from premises, a person acting in the course of a business who receives, keeps, treats or transports that waste must not mix that waste with any other recyclable waste stream or with other types of waste or other substances or articles.

• (2) In this regulation, “person acting in the course of a business” has the meaning given by section 45AA(3) of the 1990 Act.

PART 3 — Civil Sanctions

Civil sanctions

6

Schedule 2 (civil sanctions) makes provision about the civil sanctions that may be imposed for the purpose of the enforcement of an offence under section 45AA(8) of the 1990 Act.

PART 4 — Amendments to the 1990 Act and the Waste (England and Wales) Regulations 2011

Amendments to the 1990 Act: Wales

7

The 1990 Act is amended as follows.

8

In section 46 (receptacles for household waste), after subsection (5) insert—

(5A) A requirement imposed on an occupier by a waste collection authority in Wales by a notice under this section does not apply so far as the requirement duplicates or conflicts with a requirement imposed on the occupier under section 45AA(4).

9

In section 47 (receptacles for commercial or industrial waste), after subsection (5) insert—

(5A) A requirement imposed on an occupier by a waste collection authority in Wales by a notice under this section does not apply so far as the requirement duplicates or conflicts with a requirement imposed on the occupier under section 45AA(4).

Amendments to the Waste (England and Wales) Regulations 2011: Wales

10

The Waste (England and Wales) Regulations 2011[^f00013] are amended as follows.

11

In regulation 13 (duties in relation to collection of waste), before paragraph (2) insert—

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

12

In regulation 14 (duty in relation to collected waste), before paragraph (1) insert—

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

13

After regulation 15 (guidance) insert—

(15A) For the purposes of regulations 13 and 14, in relation to Wales— - “caravan” has the meaning given by section 75(5)(b) of the Environmental Protection Act 1990; - “domestic property” has the meaning given by section 75(5)(a) of the Environmental Protection Act 1990.

SCHEDULE 1 — Waste sub-fractions comprising each recyclable waste stream

Glass

Glass bottles used as packaging

Glass jars used as packaging

but excluding any waste categorised as hazardous under regulation 6 of the Hazardous Waste (Wales) Regulations 2005 or containing residues of, or contaminated by, waste or substances categorised as hazardous under regulation 6 of those Regulations

Cartons and similar, metal and plastic

Cartons and similar

Fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand, limited to:

Cartons

Paper drinks cups with a low density polythene or polypropylene plastic layer

Rigid paper containers

but excluding any waste categorised as hazardous under regulation 6 of the Hazardous Waste (Wales) Regulations 2005 or containing residues of, or contaminated by, waste or substances categorised as hazardous under regulation 6 of those Regulations

Metal

Aluminium foil

Amorphous polyethylene terephthalate plastic bottles except where the plastic contains carbon black pigment so that it is not near infrared detectable

High density polyethylene and low density polyethylene packaging comprising pots, tubs, trays and rigid and semi-rigid lids except where the plastic contains carbon black pigment so that it is not near infrared detectable

High density polyethylene and low density polyethylene plastic bottles, pumps and triggers except where the plastic contains carbon black pigment so that it is not near infrared detectable

Polypropylene and expanded polypropylene plastic packaging comprising pots, tubs, trays, rigid and semi-rigid lids and clear cups except where the plastic contains carbon black pigment so that it is not near infrared detectable

Polyethylene and polypropylene plastic packaging tubes except:

• where they are less than 50x50mm,

• where they have contained products used in construction works,

• where they have a metal layer, or

• where they are multi-monomer plastic

Polypropylene plastic bottles, pumps and triggers except where the plastic contains carbon black pigment so that it is not near infrared detectable

Plastic

Amorphous polyethylene terephthalate and crystallised polyethylene terephthalate plastic packaging comprising pots, tubs, trays, rigid and semi-rigid lids and clear cups except where the plastic contains carbon black pigment so that it is not near infrared detectable

Paper towels, tissues, wet wipes, kitchen roll

Paper and card

All paper and card except:

Scratch cards

Shredded paper

Stickers and sticky notes

Till receipts

Wallpaper

Wax, silicone, greaseproof papers

and also excluding any waste paper or card categorised as hazardous under regulation 6 of the Hazardous Waste (Wales) Regulations 2005 or containing residues of, or contaminated by, waste or substances categorised as hazardous under regulation 6 of those Regulations

Food waste

All food waste (see definition of “food waste” in regulation 2)

Unsold small waste electrical and electronic equipment

All unsold small waste electrical and electronic equipment (see definitions of “small waste electrical and electronic equipment” and “unsold” in regulation 2), but excluding any waste contaminated by waste or substances categorised as hazardous under regulation 6 of the Hazardous Waste (Wales) Regulations 2005

Unsold textiles

Clothing

Non-clothing textiles including carpets and carpet tiles, leisure textiles (such as tents and tarpaulins), mattresses, rugs, soft furnishings (such as curtains, bedsheets, blankets, duvets, pillows, towels), underlay

Packaging made from textiles

but excluding any waste categorised as hazardous under regulation 6 of the Hazardous Waste (Wales) Regulations 2005 or containing residues of, or contaminated by, waste or substances categorised as hazardous under regulation 6 of those Regulations

SCHEDULE 2 — Civil sanctions

PART 1 — Fixed monetary penalties

Imposition of a fixed monetary penalty

1

• (1) The regulator may by notice impose a fixed monetary penalty on a person (“fixed monetary penalty”) in relation to an offence under section 45AA(8) of the 1990 Act.

• (2) Before doing so, the regulator must be satisfied beyond reasonable doubt that the person has committed the offence.

• (3) The amount of penalty to be paid to the regulator is specified in the table in Part 2 of this Schedule.

Notice of intent

2

• (1) Where the regulator proposes to impose a fixed monetary penalty on a person, the regulator must serve on that person a notice of what is proposed (“notice of intent”).

• (2) The notice of intent must include—

• (a) the grounds for the proposal to impose the penalty;

• (b) the amount of the penalty;

• (c) a statement that liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was received;

• (d) information as to—

• (i) the effect of that discharge payment;

• (ii) the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received;

• (iii) the circumstances in which the regulator must not impose the penalty (including any defences relating to the offence in relation to which the notice is served).

Discharge of liability

3

The penalty is discharged if a person who receives a notice of intent pays 50% of the amount of the penalty within 28 days beginning with the day on which the notice was received.

Making representations and objections

4

A person on whom a notice of intent is served may, within 28 days beginning with the day on which the notice was received, make written representations and objections to the regulator in relation to the proposed imposition of the fixed monetary penalty.

Service of final notice

5

• (1) If the person who has received a notice of intent does not discharge liability within 28 days the regulator may serve a final notice (“final notice”) imposing a fixed monetary penalty.

• (2) The regulator must not serve a final notice on a person where the regulator is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.

• (3) The regulator who serves a final notice relating to a fixed monetary penalty must not serve any other notice under these Regulations in relation to the offence.

Contents of final notice

6

A final notice must include information as to—

• (a) the grounds for imposing the penalty,

• (b) the amount of the penalty,

• (c) how payment may be made,

• (d) the period of 56 days within which payment must be made,

• (e) details of the early payment discounts and late payment penalties,

• (f) rights of appeal, and

• (g) the consequences of non-payment.

Discount for early payment

7

If a person who was served with a notice of intent made representations or objections concerning that notice within the time limit, that person may discharge a final notice by paying 50% of the penalty within 28 days beginning with the day on which the final notice was received.

Appeals against final notice

8

• (1) The person receiving a final notice may appeal against it.

• (2) The grounds for appeal are—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unreasonable;

• (d) any other similar reason.

Non-payment after 56 days (late payment penalty)

9

• (1) The penalty must be paid within 56 days of receipt of a final notice.

• (2) If the penalty is not paid within 56 days the amount payable is increased by 50%.

• (3) In the case of an appeal the penalty is payable within 28 days of the determination of the appeal (if the appeal is unsuccessful), and if it is not paid within 28 days the amount of the penalty is increased by 50%.

Criminal proceedings

10

• (1) If a notice of intent for a fixed monetary penalty is served on any person—