The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024

Citation and interpretation

1.—(1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024.

(2) In these Regulations—

“the Act” means the Environment Act 2021;

“the 1990 Act” means the Environmental Protection Act 1990(1);

“the 1991 Act” means the Water Industry Act 1991(2).

Provisions coming into force on 17th May 2024

2.  The following provisions of the Act come into force on 17th May 2024—

(a) section 57 (separation of waste);

(b) sections 74 to 77 (environmental recall of motor vehicles etc);

(c) section 81 (reporting on discharges from storm overflows), for the purposes of making regulations under section 141DA of the 1991 Act(3) only;

(d) section 82(2) (which relates to the power to make regulations under the 1991 Act), in so far as it is not already in force.

Provision coming into force on 1st September 2024

3.  Section 79 (drainage and sewerage management plans) of the Act comes into force on 1st September 2024, so far as relating to undertakers whose areas are wholly or mainly in England.

Provision coming into force on 1st January 2025

4.  Section 81 of the Act comes into force on 1st January 2025, for all remaining purposes.

Transitional provision: arrangements for waste collection

5.—(1) Paragraph (2) applies to arrangements for the collection of household waste from domestic premises in England during the period beginning with the coming into force of section 57(4) of the Act and ending on 31st March 2026.

(2) Where this paragraph applies, an English waste collection authority—

(a) is not required to meet the conditions in section 45A(3) to (8) of the 1990 Act as substituted by section 57(4) of the Act; but

(b) must continue to meet the requirement in section 45A(2) of the 1990 Act as that section applied immediately before the coming into force of section 57(4) of the Act.

(3) Paragraph (4) applies to arrangements for the collection of household waste from relevant non-domestic premises and relevant industrial or commercial waste from premises in England during the period beginning with the coming into force of section 57(4) of the Act and ending on 31st March 2025.

(4) Where this paragraph applies—

(a) arrangements for household waste to be collected from relevant non-domestic premises—

(i) are not required to meet the conditions in section 45AZA(3) to (7) of the 1990 Act as substituted by section 57(4) of the Act; but

(ii) must continue to meet the requirement in section 45A(2) of the 1990 Act as that section applied immediately before the coming into force of section 57(4) of the Act;

(b) arrangements for relevant industrial or commercial waste to be collected from premises are not required to meet the conditions in section 45AZB(3) to (7) of the 1990 Act as substituted by section 57(4) of the Act;

(c) a person who presents any household waste or relevant industrial or commercial waste from premises for collection is not required to meet the requirements in section 45AZA(8) or 45AZB(8) of the 1990 Act as substituted by section 57(4) of the Act.

Transitional provision: arrangements for household waste collection after 31st March 2026 in certain areas

6.—(1) This regulation applies to an English waste collection authority specified in the first column of the Table in the Schedule, during the period beginning with 1st April 2026 and ending on the date specified in the corresponding entry in the second column of that Table.

(2) Where this regulation applies, section 45A of the 1990 Act (England: separate collection of household waste), as substituted by section 57(4) of the Act, has effect as if—

(a) in subsection (7), “(e) or” were omitted;

(b) subsection (8) were omitted; and

(c) in subsection (10), paragraph (e) were omitted.

(3) Where this regulation applies, the English waste collection authorities are not required to meet the first condition in section 45A(3) of the 1990 Act in relation to the collection of garden waste where the only other household waste that is to be collected with that garden waste is food waste.

Transitional provision: arrangements for collection of waste in certain areas from relevant non-domestic premises after 31st March 2025

7.—(1) This regulation applies to relevant non-domestic premises located in the area of an English waste collection authority specified in the first column of the Table in the Schedule, during the period beginning with 1st April 2025 and ending on the date specified in the corresponding entry in the second column of that Table.

(2) Where this regulation applies, section 45AZA of the 1990 Act (England: separate collection of household waste from relevant non-domestic premises), as inserted by section 57(4) of the Act, has effect as if—

(a) subsection (7) were omitted; and

(b) in subsection (10), paragraph (e) were omitted.

Robbie Moore

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

14th May 2024