The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024

Made: 14th May 2024

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 147(3) and (10) and 148(1) of the Environment Act 2021[^f00001].

Citation and interpretation

1

• (1) These Regulations may be cited as the Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024.

• (2) In these Regulations—

• “the Act” means the Environment Act 2021;

• “the 1990 Act” means the Environmental Protection Act 1990[^f00002];

• “the 1991 Act” means the Water Industry Act 1991[^f00003].

Provisions coming into force on 17th May 2024

2

The following provisions of the Act come into force on 17th May 2024—

• (a) section 57 (separation of waste);

• (b) sections 74 to 77 (environmental recall of motor vehicles etc);

• (c) section 81 (reporting on discharges from storm overflows), for the purposes of making regulations under section 141DA of the 1991 Act[^f00004] only;

• (d) section 82(2) (which relates to the power to make regulations under the 1991 Act), in so far as it is not already in force.

Provision coming into force on 1st September 2024

3

Section 79 (drainage and sewerage management plans) of the Act comes into force on 1st September 2024, so far as relating to undertakers whose areas are wholly or mainly in England.

Provision coming into force on 1st January 2025

4

Section 81 of the Act comes into force on 1st January 2025, for all remaining purposes.

Transitional provision: arrangements for waste collection

5

• (1) Paragraph (2) applies to arrangements for the collection of household waste from domestic premises in England during the period beginning with the coming into force of section 57(4) of the Act and ending on 31st March 2026.

• (2) Where this paragraph applies, an English waste collection authority—

• (a) is not required to meet the conditions in section 45A(3) to (8) of the 1990 Act as substituted by section 57(4) of the Act; but

• (b) must continue to meet the requirement in section 45A(2) of the 1990 Act as that section applied immediately before the coming into force of section 57(4) of the Act.

• (3) Paragraph (4) applies to arrangements for the collection of household waste from relevant non-domestic premises and relevant industrial or commercial waste from premises in England during the period beginning with the coming into force of section 57(4) of the Act and ending on 31st March 2025.

• (4) Where this paragraph applies—

• (a) arrangements for household waste to be collected from relevant non-domestic premises—

• (i) are not required to meet the conditions in section 45AZA(3) to (7) of the 1990 Act as substituted by section 57(4) of the Act; but

• (ii) must continue to meet the requirement in section 45A(2) of the 1990 Act as that section applied immediately before the coming into force of section 57(4) of the Act;

• (b) arrangements for relevant industrial or commercial waste to be collected from premises are not required to meet the conditions in section 45AZB(3) to (7) of the 1990 Act as substituted by section 57(4) of the Act;

• (c) a person who presents any household waste or relevant industrial or commercial waste from premises for collection is not required to meet the requirements in section 45AZA(8) or 45AZB(8) of the 1990 Act as substituted by section 57(4) of the Act.

Transitional provision: arrangements for household waste collection after 31st March 2026 in certain areas

6

• (1) This regulation applies to an English waste collection authority specified in the first column of the Table in the Schedule, during the period beginning with 1st April 2026 and ending on the date specified in the corresponding entry in the second column of that Table.

• (2) Where this regulation applies, section 45A of the 1990 Act (England: separate collection of household waste), as substituted by section 57(4) of the Act, has effect as if—

• (a) in subsection (7), “(e) or” were omitted;

• (b) subsection (8) were omitted; and

• (c) in subsection (10), paragraph (e) were omitted.

• (3) Where this regulation applies, the English waste collection authorities are not required to meet the first condition in section 45A(3) of the 1990 Act in relation to the collection of garden waste where the only other household waste that is to be collected with that garden waste is food waste.

Transitional provision: arrangements for collection of waste in certain areas from relevant non-domestic premises after 31st March 2025

7

• (1) This regulation applies to relevant non-domestic premises located in the area of an English waste collection authority specified in the first column of the Table in the Schedule, during the period beginning with 1st April 2025 and ending on the date specified in the corresponding entry in the second column of that Table.

• (2) Where this regulation applies, section 45AZA of the 1990 Act (England: separate collection of household waste from relevant non-domestic premises), as inserted by section 57(4) of the Act, has effect as if—

• (a) subsection (7) were omitted; and

• (b) in subsection (10), paragraph (e) were omitted.

SCHEDULE — Transitional Provisions

Signed

Robbie Moore — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 14th May 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are the ninth commencement regulations made by the Secretary of State under the Environment Act 2021 (c.30) (“the Act”).

Regulation 2 brings into force on 17th May 2024 specified sections of the Act.

Section 57 of the Act amends the Environmental Protection Act 1990 (c. 43) (“the 1990 Act”) and the Environment Act 1995 (c. 25) (“the 1995 Act”). Subsection (4) substitutes new sections 45A to 45AZG for section 45A of the 1990 Act to introduce new requirements in England for the separate collection of household waste from domestic and relevant non-domestic premises, and of relevant waste. Subsections (5) and (6) amend sections 46(2) (receptacles for household waste) and 47(3) (receptacles for commercial or industrial waste) of the 1990 Act to enable English waste collection authorities to require the use of appropriate receptacles for the purposes of complying with the new duties under sections 45A to 45AZB of the 1990 Act. Subsection (8) amends the 1995 Act to enable the Environment Agency to make a charging scheme in relation to performing its functions relating to sections 45A to 45AZB of the 1990 Act.

Sections 74 to 77 of the Act provide for the Secretary of State to make regulations providing for the recall of relevant products, including motor vehicles, that do not meet relevant environmental standards.

Section 81 is commenced for the limited purpose of enabling regulations to be made under section 141DA into the Water Industry Act 1991 (c.56) (“the 1991 Act”).

Section 82(2), which is already partially commenced, makes consequential amendments to section 213 of the 1991 Act to include a reference to the regulation making powers of new sections 141DA and 141DB.

Regulation 3 brings into force section 79 of the Act on 1st September 2024 so far as relating to undertakers whose areas are wholly or mainly in England. Section 79 inserts new sections 94A to 94E into the 1991 Act, to introduce new requirements on sewerage undertakers to prepare, publish and maintain drainage and sewerage management plans.

Regulation 4 brings into force section 81 of the Act on 1st January 2025, for all remaining purposes. Section 81 inserts new section 141DA into the 1991 Act to establish a legal requirement for sewerage undertakers wholly or mainly in England to report in near real time on when a discharge starts and stops.

Regulation 5 makes transitional provision in connection with the commencement of section 57 of the Act in order to provide, in certain cases, an extended period for duty holders to comply with the new duties. In the meantime, English waste collection authorities must continue to comply with the requirements in section 45A(2) of the 1990 Act as it applied immediately before the coming into force of section 57 of the Act.

Regulations 6 and 7 make further transitional provisions in relation to the areas serviced by the English waste collection authorities that are specified in the first column of the Table in the Schedule. The duty holders in those areas have until the date specified for each authority in the corresponding entry in the second column of the Table in the Schedule to introduce separate food waste collections for domestic and relevant non-domestic premises. This is in order to account for existing long-term waste disposal contracts.

Regulation 6 also provides that the English waste collection authorities specified in the first column of the Table in the Schedule are not required to fully meet the condition in section 45A(3) of the 1990 Act until the date specified in the corresponding entry in the second column of the Table in the Schedule. The condition is that recyclable household waste must be collected separately from other household waste, in relation to the collection of garden waste, but only if the other household waste being collected with that garden waste is food waste.

An impact assessment has not been published for these Regulations as they have no impact on cost to business, the public or voluntary sectors independent of the provisions these Regulations bring into force. A full impact assessment has been published in relation to the Act and copies can be obtained from the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra or from the Department for Environment, Food and Rural Affairs at 2 Marsham Steet, London, SW1P 4DF, United Kingdom.

Footnotes

[^f00001]: 2021 c. 30.

[^f00002]: 1990 c. 43.

[^f00003]: 1991 c. 56.

[^f00004]: Section 141DA was inserted by section 81 of the Environment Act 2021.