The Environmental Permitting (England and Wales) Regulations 2016, Paragraph 5A is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
5A.—(1) Every environmental permit which authorises a landfill is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.
(2) The condition is that the operator must not accept—
(a)[F2any waste paper, metal, plastic or glass for landfill if that waste has been separately collected for the purpose of preparing for re-use or recycling; or] [F2in Wales, any waste paper, card, cartons, metal, plastic, glass, food, small electrical and electronic equipment or textiles for landfill if that waste has been separately collected for the purposes of preparing for re-use or recycling;]
[F3(aa)any waste wood; or]
(b)[F4any waste for landfill that results from the treatment of waste referred to in paragraph (a), unless] [F4in Wales, any waste for landfill that results from the treatment of waste referred to in paragraph (a) or (aa) unless]—
(i)the relevant permit authorises the operator to accept that type of waste for landfill; and
(ii)landfill of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.
[F5(3) For the purposes of this paragraph—
“cartons” 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;
“electrical and electronic equipment” 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;
“small electrical and electronic equipment” 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, excluding items with any external dimension of more than 50 centimetres.]]
Textual Amendments
F1Sch. 10 para. 5A inserted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 21(6)(b)
F2Words in Sch. 10 para. 5A(2)(a) substituted (W.) (6.4.2024) by The Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations 2023 (S.I. 2023/1289), regs. 1(2), 4(3)(a)
F3Sch. 10 para. 5A(2)(aa) inserted (W.) (6.4.2024) by The Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations 2023 (S.I. 2023/1289), regs. 1(2), 4(3)(b)
F4Words in Sch. 10 para. 5A(2)(b) substituted (W.) (6.4.2024) by The Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations 2023 (S.I. 2023/1289), regs. 1(2), 4(3)(c)
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