The Waste (England and Wales) Regulations 2011

Made: 28th March 2011

Coming into force in accordance with regulation 1

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of the Pollution Prevention and Control Act 1999 consulted—the Environment Agency;such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small business respectively as they consider appropriate; andsuch other bodies or persons as they consider appropriate.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of the Pollution Prevention and Control Act 1999 consulted—

the Environment Agency;

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small business respectively as they consider appropriate; and

such other bodies or persons as they consider appropriate.

The Secretary of State is designated for the purposes of the European Communities Act 1972 in relation to the environment. The Welsh Ministers are designated for the purposes of that Act in relation to the prevention, reduction and management of waste.

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of the Pollution Prevention and Control Act 1999 , to paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and to section 59(3) of the Government of Wales Act 2006 .

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999.

PART 1 — General

Citation, commencement and extent

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• (1) These Regulations may be cited as the Waste (England and Wales) Regulations 2011.

• (2) Subject to paragraph (3), they come into force on the day after the day on which they are made.

• (3) Regulation 12 comes into force at the end of the period of 6 months beginning with the day on which these Regulations are made.

• (4) These Regulations extend to England and Wales.

Application

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Subject to regulation 47(2), these Regulations do not apply in relation to waste which is excluded from the scope of the Waste Framework Directive by Article 2(1), (2) or (3) of that Directive.

Interpretation

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• (1) In these Regulations—

• “appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

• “appropriate body” means—in relation to England, the Environment Agency;in relation to Wales, the Natural Resources Body for Wales;

• “controlled waste” has the meaning given in section 75(4) of the Environmental Protection Act 1990 ;

• “EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;

• “hazardous waste”—in relation to England has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ;in relation to Wales has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ;

• “Industrial Emissions Directive” means Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention control), read in accordance with regulation 3A;

• “Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, read in accordance with regulation 3B;

• “local authority” means—in England outside Greater London—a district council,a county council, orthe Council of the Isles of Scilly;in Greater London—the council of a London borough,the Common Council of the City of London,the Sub-Treasurer of the Inner Temple, orthe Under-Treasurer of the Middle Temple;in Wales—a county council, ora county borough council;

• “Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with regulation 3C;

• “the List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/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, as amended from time to time;

• “national waste management plan” means a waste management plan prepared by an appropriate authority;

• “waste collection authority” means an authority which is a waste collection authority for the purposes of Part 2 of the Environmental Protection Act 1990 ;

• “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 and as read in accordance with regulation 3D;

• “waste management plan” has the meaning given in regulation 7(1);

• “waste prevention measures” means measures taken before a substance, material or product has become waste that reduce—the quantity of waste, including through the re-use of products or the extension of the life span of products;the adverse impacts of generated waste on the environment and human health; orthe content of hazardous substances in materials and products;

• “waste prevention programme” has the meaning given in regulation 4(1) and (2).

• (2) Terms which are used but not defined in these Regulations and are used in the Waste Framework Directive have the same meaning as in that Directive.

PART 2 — Waste prevention programmes

Establishment of waste prevention programmes

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• (1) The appropriate authority must ... —

• (a) evaluate the usefulness of the waste prevention measures set out as examples in Annex IV of the Waste Framework Directive and any other such measures the authority thinks fit; and

• (b) establish one or more programmes of waste prevention measures (each a “waste prevention programme”).

• (2) A programme established before the coming into force of these Regulations may be a waste prevention programme.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Purposes etc. of waste prevention programmes

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The appropriate authority must ensure that a waste prevention programme—

• (a) is compatible with the objectives in paragraphs 1 and 2 of Schedule 1;

• (aa) includes one or more programmes of food waste prevention measures;

• (b) has as its purpose a contribution towards breaking the link between economic growth and the environmental impacts associated with the generation of waste;

• (c) is expressed in writing and—

• (i) sets out the objectives of the programme and a description of existing waste prevention measures and their contribution to waste prevention; ...

• (ii) if it is integrated into a waste management plan or other programme, clearly identifies the programme's waste prevention measures;

• (iii) sets out at least the waste prevention measures listed in Schedule 1, Part 5; and

• (iv) where relevant, describes the contribution of instruments listed in Schedule 1, Part 6 to waste prevention.

Monitoring and evaluation of waste prevention programmes

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• (1) An appropriate authority must establish appropriate qualitative and quantitative indicators and targets, such as on the quantity of waste that is generated, against which to monitor and assess the implementation of the waste prevention measures.

• (2) An appropriate authority must publish the indicators and targets it establishes.

PART 3 — Waste management plans

Requirement for waste management plans

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• (1) The appropriate authority must ensure that there are one or more plans containing policies in relation to waste management in England or Wales, as the case may be (each a “waste management plan”).

• (2) A waste management plan may form part of a document and, where this is the case, any requirement of law in relation to the plan applies only to that part.

• (3) In this Part—

• (a) “England” includes the sea adjacent to England out as far as the seaward boundary of the territorial sea;

• (b) “Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;

• (c) the sea adjacent to England is so much of the sea adjacent to Great Britain as is not the sea adjacent to Wales or the sea adjacent to Scotland;

• (d) the sea adjacent to Wales has the same meaning as it has by virtue of section 158(3) or (4) of the Government of Wales Act 2006 ; and

• (e) the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland by virtue of section 126(2) of the Scotland Act 1998 .

Content of waste management plans

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• (1) The appropriate authority must ensure that the waste management plans (taken together) cover the whole of England or Wales, as the case may be.

• (2) Subject to Part 2A of Schedule 1, the appropriate authority must ensure that the waste management plans ...—

• (a) include a statement of the authority's policies for attaining the objectives specified in Part 1 of Schedule 1; ...

• (b) include the matters set out—

• (i) in relation to England, in paragraphs 5 to 10 and 11(a)(ii) and (b) of Part 2 of Schedule 1;

• (ii) in relation to Wales, in Part 2 of Schedule 1;

• (c) conform to the provisions in paragraph 5(1)(b) of Schedule 10 to the Environmental Permitting (England and Wales) Regulations 2016; and

• (d) for the purposes of litter prevention, conform to—

• (i) the programme of measures published pursuant to regulation 14(1) of the Marine Strategy Regulations 2010; and

• (ii) each programme of measures proposed and approved under regulation 12(1) of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017—

• (aa) in relation to England, for river basin districts that are wholly or partly in England;

• (bb) in relation to Wales, for river basin districts that are wholly or partly in Wales.

• (3) The appropriate authority must consider, in particular, whether the matters set out in Part 3 of Schedule 1 should be included in the waste management plans.

• (4) An appropriate authority must ensure that the waste management plans conform to the strategy for the reduction of biodegradable waste going to landfill—

• (a) in relation to England, required by section 17(1) of the Waste and Emissions Trading Act 2003 ;

• (b) in relation to Wales, required by section 19(1) of that Act.

• (5) A statement of policy made before the coming into force of these Regulations may be, or form part of, a waste management plan.

PART 4 — Waste prevention programmes and waste management plans: general provision

Directions to the Environment Agency

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• (1) An appropriate authority may give directions to an appropriate body requiring it—

• (a) to advise the authority on the measures or policies which are to be included in a waste prevention programme or waste management plan;

• (b) to carry out a survey or investigation into any other matter in connection with the preparation of such a programme or plan or any modification of it, and report its findings to the authority.

• (2) A direction given under paragraph (1)(b)—

• (a) must specify or describe the matters which are to be the subject of the survey or investigation;

• (b) may specify bodies or persons to be consulted before carrying out the survey or investigation; and

• (c) may make provision in relation to the manner in which—

• (i) the survey or investigation is to be carried out; or

• (ii) the findings are to be reported and made available.

• (3) The appropriate body must comply with a direction given under paragraph (1).

• (4) Where a direction is given under paragraph (1)(b), the appropriate body must also consult any body or person that it considers appropriate but is not specified in the direction.

• (5) The appropriate body must make its findings available to the bodies and persons it consults.

• (6) The power under paragraph (1) may only be exercised—

• (a) by the Secretary of State in relation to the Natural Resources Body for Wales, with the consent of the Welsh Ministers;

• (b) by the Welsh Ministers in relation to the Environment Agency, with the consent of the Secretary of State.

Review and modification of programmes and plans

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• (1) The appropriate authority—

• (a) must review each waste prevention programme and national waste management plan at least every sixth year;

• (b) may from time to time modify a programme or plan.

• (2) The appropriate authority must ensure that the appropriate body and the bodies or persons mentioned in paragraph (3) are consulted during the preparation of—

• (a) proposals for a waste prevention programme or national waste management plan; or

• (b) proposals to modify such a programme or plan.

• (3) They are such bodies or persons appearing to be representative of—

• (a) the interests of local government; and

• (b) the interests of industry,

as the authority considers appropriate.

• (4) This regulation does not apply to a national waste management plan containing only provision relating to paragraph 8, 9, 10 or 11 of Schedule 1.

• (5) Steps taken before the coming into force of these Regulations in relation to a waste prevention programme or national waste management plan may be steps for the purposes of this regulation.

Public participation in programmes and plans

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• (1) Part 4 of Schedule 1 (public participation in the preparation or modification of a waste prevention programme or national waste management plan) has effect, but does not apply to a programme or plan—

• (a) designed for the sole purpose of serving national defence or taken in case of civil emergencies;

• (b) for which a public participation procedure is carried out under—

• (i) Part 3 of the Environmental Assessment of Plans and Programmes Regulations 2004 , or

• (ii) Part 3 of the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 ; or

• (c) containing only provision relating to paragraph 8, 9, 10 or 11 of Schedule 1.

• (2) The appropriate authority must ensure that waste prevention programmes and national waste management plans are available on a publicly available website.

• (3) Steps taken before the coming into force of these Regulations in relation to a waste prevention programme or national waste management plan may be steps for the purposes of Part 4 of Schedule 1.

PART 5 — Duties in relation to waste management and improved use of waste as a resource

Duty in relation to the waste hierarchy

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• (1) An establishment or undertaking which imports, produces, collects, transports, recovers or disposes of waste, or which as a dealer or broker has control of waste must, on the transfer of waste, take all such measures available to it as are reasonable in the circumstances to apply the following waste hierarchy as a priority order—

• (a) prevention;

• (b) preparing for re-use;

• (c) recycling;

• (d) other recovery (for example energy recovery);

• (e) disposal.

• (2) But an establishment or undertaking may depart from the priority order in paragraph (1) so as to achieve the best overall environmental outcome where this is justified by life-cycle thinking on the overall impacts of the generation and management of the waste.

• (3) When considering the overall impacts mentioned in paragraph (2), the following considerations must be taken into account—

• (a) the general environmental protection principles of precaution and sustainability;

• (b) technical feasibility and economic viability;

• (c) protection of resources;

• (d) the overall environmental, human health, economic and social impacts.

Duties in relation to collection of waste

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) In relation to Wales, paragraphs (2) to (4) apply in relation to the collection of waste from a domestic property or a caravan.

• (2) Subject to paragraph (4), an establishment or undertaking which collects waste paper, metal, plastic or glass must do so by way of separate collection.

• (3) Subject to paragraph (4), every waste collection authority must, when making arrangements for the collection of waste paper, metal, plastic or glass, ensure that those arrangements are by way of separate collection.

• (4) The duties in this regulation apply where separate collection is necessary to ensure that waste undergoes preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of the Waste Framework Directive and to facilitate or improve preparing for re-use, recycling or recovery, unless one of the following conditions is met—