The Controlled Waste (England and Wales) Regulations 2012

Citation, extent and commencement E+W

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 E+W

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 E+W

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 E+W

4.  Subject to regulation 3 [F1 and regulation 4A] , Schedule 1 (household, industrial and commercial waste) has effect.

Textual Amendments

F1 Words in reg. 4 inserted (E.) (9.10.2012) by The Controlled Waste (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/2320), regs. 1(2), 2(2)

[F2 Restriction on charging for disposal of waste E+W

4A.— (1) This regulation applies in England only.

(2) Nothing in regulation 4 has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste if the first and second conditions are satisfied.

(3) The first condition is that no charge would have been payable under section 45(4) of the Act for the disposal of that waste had it been collected under section 45(1) of the Act before 6th April 2012.

(4) The second condition is that the waste is from a hereditament as regards which the person is subject to a non-domestic rate under section 43(1) of the Local Government Finance Act 1988, for which the chargeable amount payable is calculated in accordance with section 43(4A)(a) of that Act.]

Textual Amendments

F2 Reg. 4A inserted (E.) (9.10.2012) by The Controlled Waste (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/2320), regs. 1(2), 2(3)

Litter and refuse E+W

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 E+W

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

Revocation E+W

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

John Griffiths

Minister for Environment and Sustainable Development

One of the Welsh Ministers