The Controlled Waste (England and Wales) Regulations 2012

Made: 12th March 2012

Laid before Parliament: 15th March 2012

Laid before the National Assembly for Wales: 15th March 2012

Coming into force: 6th April 2012

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 45(3), 75(7)(d) and (8) and 96(2)(b) of the Environmental Protection Act 1990[^f00004], make the following Regulations.

Citation, extent and commencement

1

• (1) These Regulations may be cited as the Controlled Waste (England and Wales) Regulations 2012.

• (2) They extend to England and Wales.

• (3) They come into force on 6th April 2012.

Interpretation

2

In these Regulations—

• “the Act” means the Environmental Protection Act 1990;

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

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

• “Directive waste” means anything that—is waste within the meaning of Article 3(1) of the Waste Directive as read with Articles 5 and 6 of that Directive; andis not excluded from the scope of that Directive by Article 2(1), (2) or (3);

• “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, as read in accordance with regulation 2B;

• “septic tank sludge” and “sludge” have the meaning given in regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989[^f00006];

• “Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 as read in accordance with regulation 2A.

Waste which is not to be treated as household waste, industrial waste or commercial waste

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• (1) Waste which is not Directive waste is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the Act.

• (2) The following waste (where it is Directive waste) is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the Act—

• (a) sewage, sludge or septic tank sludge which is treated, kept or disposed of (otherwise than by means of mobile plant) within the curtilage of a sewage treatment works as an integral part of the operation of those works;

• (b) sludge which is supplied or used in accordance with the Sludge (Use in Agriculture) Regulations 1989;

• (c) septic tank sludge which is used on agricultural land within the meaning of those Regulations.

• (3) Animal by-products (where they are Directive waste) which are collected and transported in accordance with Article 21(1) to (3) of the Animal By-Products Regulation are not to be treated as household waste, industrial waste or commercial waste for the purposes of section 34 of the Act.

• (4) In this regulation—

• (a) “animal by-products” has the meaning given in Article 3(1) of the Animal By-Products Regulation;

• (b) “the Animal By-Products Regulation” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)[^f00007].

Household, industrial and commercial waste

4

Subject to regulation 3 and regulation 4A , Schedule 1 (household, industrial and commercial waste) has effect.

Litter and refuse

5

Part 2 of the Act has effect as if references to controlled waste collected under section 45 include references to litter and refuse collected under sections 89(1)(a) and (c), 92(9) and 92C(3) of the Act[^f00008].

Amendments to other legislation

6

Schedule 2 (amendments to other legislation) has effect.

Revocation

7

The following Regulations are revoked in England and Wales—

• (a) the Waste Management Licensing (Amendment etc.) Regulations 1995[^f00009];

• (b) the Controlled Waste Regulations 1992[^f00010].

SCHEDULE 1 — Household, industrial and commercial waste

Interpretation

1

In this Schedule—

• “camp site” means land on which tents are pitched for the purpose of human habitation and land the use of which is incidental to that purpose;

• “charity shop” means a hereditament used wholly or mainly for the sale of goods donated to a charity where the proceeds of sale (after deduction of expenses) are applied for the purposes of a charity;

• “clinical waste” means waste from a healthcare activity (including veterinary healthcare) that—contains viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living organisms,contains or is contaminated with a medicine that contains a biologically active pharmaceutical agent, oris a sharp, or a body fluid or other biological material (including human and animal tissue) containing or contaminated with a dangerous substance within the meaning of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time, and waste of a similar nature from a non-healthcare activity;

• “composite hereditament” has the same meaning as in section 64(9) of the Local Government Finance Act 1988[^f00012];

• “construction” includes improvement, repair or alteration;

• “factory” has the meaning given in section 175 of the Factories Act 1961[^f00013];

• “general medical practitioner” means a person registered in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983[^f00014];

• “gypsies and travellers”—in relation to England, has the same meaning as in regulation 2 of the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (England) Regulations 2006[^f00015];in relation to Wales, has the same meaning as in regulation 2 of the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007[^f00016];

• “hazardous waste”—in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005[^f00017];in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005[^f00018];

• “not for profit body” means a body which, by virtue of its constitution or any enactment—is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes; andis prohibited from directly or indirectly distributing among its members any part of its assets (otherwise than for charitable or public purposes);

• “offensive waste” means waste that—is not clinical waste,contains body fluids, secretions or excretions, andfalls within the description of code 18 01 04, 18 02 03 or 20 01 99 in 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;

• “place of worship” means a hereditament exempt from local non-domestic rating by virtue of paragraph 11 of Schedule 5 to the Local Government Finance Act 1988[^f00021];

• “scientific research association” has the meaning given in section 469 of the Corporation Tax Act 2010[^f00022];

• “scrap metal” has the meaning given in section 9(2) of the Scrap Metal Dealers Act 1964[^f00023];

• “vessel” includes a hovercraft within the meaning of section 4(1) of the Hovercraft Act 1968[^f00024];

• “waste oil” means any mineral or synthetic lubrication or industrial oil which is unfit for its original purpose.

Sources of household, industrial and commercial waste

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• (1) This paragraph describes waste which is to be treated as household waste, industrial waste or commercial waste because of the place where it is produced.

• (2) The second column of the table describes the places at which waste is produced.

• (3) The waste must be treated for the purposes of Part 2 of the Act as the type of waste mentioned in the third column, subject to any exception in the fourth column.

• (4) But in a case where paragraph 3 or 4(3) requires waste to be treated inconsistently with sub-paragraph (3), the requirements of those paragraphs take precedence.

Nature of waste and activities producing waste

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• (1) This paragraph describes waste which is to be treated as household waste, commercial waste or industrial waste because of its nature or the activity which produces it notwithstanding the place where it is produced.

• (2) The second column of the table describes the nature of the waste or the activity which produces it.

• (3) The waste must be treated for the purposes of Part 2 of the Act as the type of waste mentioned in the third column, subject to any exception in the fourth column.

• (4) But in a case where paragraph 4(3) requires waste to be treated inconsistently with sub-paragraph (3), the requirements of that paragraph take precedence.