The Waste Separation Requirements (Wales) Regulations 2023

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(1);

“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.

(1)

2006 c. 42.