Currently waste authorities and waste collectors across England must collect at least 2 types of recyclable household waste (or similar) separately to general waste from domestic premises, relevant non-domestic premises (residential homes, educational premises, hospitals and nursing homes) and business premises.
The Separation of Waste (England) Regulations 2024 extends this requirement to additional relevant non-domestic premises, and provides specific descriptions for the six types of recyclable waste (known as recyclable waste streams) in Schedule 1. The 6 recyclable waste streams are:
- glass;
- metal;
- plastic;
- paper and card;
- food waste; and
- garden waste.
The Regulations also support the transition to new rules starting in 2025 which will require the separate collection of recyclable waste streams from domestic, relevant non-domestic and business premises. The new rules will ensure that all councils and waste collectors across England are collecting recyclable waste consistently.
From 30th June 2024 additional types of premises are added to the list of relevant non-domestic premises, from which 2 types of recyclable household waste must be collected from. The five types of premises added are:
- places of worship;
- penal institutions;
- charity shops selling goods donated from domestic premises;
- hostels housing people with no other permanent address; and
- premises used mainly or solely for public meetings.
The new rules coming into effect in 2025 and 2026 will require every waste authority and collector in England to ensure that all relevant recyclable waste streams are collected separately from general waste from domestic, relevant non-domestic and business premises.
There are also requirements to keep certain recyclable waste streams separate from others.
- Glass, metal, plastic and paper and card waste streams may be collected together, or separately from each other, but must be separate from general waste, food waste and garden waste.
- Food and garden waste streams may be collected together, or separately from each other, but must be separate from general waste and any other type of recyclable waste.
N.B. The requirement to collect garden waste does not apply to waste collections from business premises or relevant non-domestic premises.
From 31st March 2025 these rules will apply to collections of:
- household waste from relevant non-domestic premises; and
- industrial and commercial waste from business premises.
From 31st March 2026 these rules will apply to collections of:
- household waste from domestic properties.
N.B. Some councils have extended deadlines to implement the new rules, these are listed in the Schedule of The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024.
The overhaul of recycling requirements in England is being implemented through a number of amendments to laws which have been published in advance, so that waste authorities, collectors, organisations and individuals can prepare for the changes.
The wider current duties for waste authorities and collectors under Regulation 13 of The Waste (England and Wales) Regulations 2011 continue to apply alongside the old section 45A of the Environmental Protection Act 1990, which will be repealed when the new rules come into force.
The new rules for waste collections applying from 2025 and 2026 can be found in sections 45A to 45AZG of the Environmental Protection Act 1990 which have been replaced through section 57 of the Environment Act 2021, which came into force through The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024.