The Controlled Waste (England and Wales) Regulations 2012

Citation, extent and commencement

1.—(1) These Regulations may be cited as the Controlled Waste (England and Wales) Regulations 2012.

(2) They extend to England and Wales.

(3) They come into force on 6th April 2012.

Interpretation

2.  In these Regulations—

“the Act” means the Environmental Protection Act 1990;

“Directive waste” means anything that—

(a)

is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives(1); and

(b)

is not excluded from the scope of that Directive by Article 2(1), (2) or (3);

“septic tank sludge” and “sludge” have the meaning given in regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989(2).

Waste which is not to be treated as household waste, industrial waste or commercial waste

3.—(1) Waste which is not Directive waste is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the Act.

(2) The following waste (where it is Directive waste) is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the Act—

(a) sewage, sludge or septic tank sludge which is treated, kept or disposed of (otherwise than by means of mobile plant) within the curtilage of a sewage treatment works as an integral part of the operation of those works;

(b) sludge which is supplied or used in accordance with the Sludge (Use in Agriculture) Regulations 1989;

(c) septic tank sludge which is used on agricultural land within the meaning of those Regulations.

(3) Animal by-products (where they are Directive waste) which are collected and transported in accordance with Article 21(1) to (3) of the Animal By-Products Regulation are not to be treated as household waste, industrial waste or commercial waste for the purposes of section 34 of the Act.

(4) In this regulation—

(a) “animal by-products” has the meaning given in Article 3(1) of the Animal By-Products Regulation;

(b) “the Animal By-Products Regulation” means 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 and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(3).

Household, industrial and commercial waste

4.  Subject to regulation 3, Schedule 1 (household, industrial and commercial waste) has effect.

Litter and refuse

5.  Part 2 of the Act has effect as if references to controlled waste collected under section 45 include references to litter and refuse collected under sections 89(1)(a) and (c), 92(9) and 92C(3) of the Act(4).

Amendments to other legislation

6.  Schedule 2 (amendments to other legislation) has effect.

Revocation

7.  The following Regulations are revoked in England and Wales—

(a) the Waste Management Licensing (Amendment etc.) Regulations 1995(5);

(b) the Controlled Waste Regulations 1992(6).

Taylor of Holbeach

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

12th March 2012

John Griffiths

Minister for Environment and Sustainable Development One of the Welsh Ministers

12th March 2012