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1.—(1) These Regulations may be cited as the Separation of Waste (England) Regulations 2024.
(2) Subject to paragraphs (3) to (5), these Regulations come into force on 30th June 2024.
(3) Regulation 5(a)(i) comes into force on 31st March 2025.
(4) Regulation 5(a)(ii) and (b) comes into force on 31st March 2026.
(5) In Part 4 of Schedule 1, paragraph 4(1)(e) comes into force on 31st March 2027.
(6) These Regulations extend to England and Wales.
2. In these Regulations, “the 1990 Act” means the Environmental Protection Act 1990.
3.—(1) Subject to paragraph (4), Schedule 1 (recyclable household waste and recyclable relevant waste in the recyclable waste streams) has effect.
(2) Household waste and relevant waste of a description prescribed in Parts 2 to 6 of Schedule 1 is to be treated as—
(a)recyclable household waste for the purposes of sections 45A and 45AZA of the 1990 Act; or
(b)recyclable relevant waste for the purposes of section 45AZB of the 1990 Act.
(3) Household waste of a description prescribed in Part 7 of Schedule 1 is to be treated as recyclable household waste for the purposes of section 45A of the 1990 Act.
(4) The waste described in Parts 2 to 5 of Schedule 1 is to be treated as recyclable household waste or recyclable relevant waste only if—
(a)the waste item is empty;
(b)the waste item is not heavily contaminated by other substances; and
(c)the waste item is not classified as packaging with the waste code 150110 in the List of Waste (packaging containing residues of or contaminated by hazardous substances).
(5) In this regulation, “the List of Waste” means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 74/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC)(1).
4. Schedule 2 (relevant non-domestic premises) has effect.
5. In the Waste (England and Wales) Regulations 2011(2), as they apply in relation to England—
(a)in regulations 13—
(i)omit paragraph (2);
(ii)omit paragraphs (3) and (4); and
(b)in Schedule 1, Part 2, paragraph 8, omit “, subject to regulation 13”.
Robbie Moore
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th May 2024
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