The Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023
Commencement: 31st December 2023
Amends: The Controlled Waste (England & Wales) Regulations 2012
The Controlled Waste (England & Wales) Regulations 2012 revoke and replace The Controlled Waste Regulations 1992.
They classify waste as household, industrial or commercial waste and also list the types of wastes for which local authorities may make a charge for collection and disposal. All controlled wastes are covered by a duty of care.
The main impact of these Regulations is that local authorities, acting as waste collection authorities, are now able to charge for the disposal of waste arising from a wider range of non-domestic premises than allowed under the 1992 Regulations.
Defra concluded that the 1992 Regulations undermined efforts to reduce waste and increase recycling. Exemptions from disposal charging extended to private institutions and some businesses. Most wastes from industry and commerce, including materials that are destined for recycling, are to be treated as controlled waste. The main exemptions are wastes from agricultural premises, mines, quarries and radioactive wastes, which are regulated under other statutory regimes.
“Household waste” that can now incur collection and disposal charges include litter, waste from residential homes, waste from nursing homes, waste from some premises forming part of a hospital or nursing home and waste from penal institutions. Collection charges can be made for garden waste, dead pets and waste from charity shops originating from domestic properties. See the tables in Schedule 1 of the Regulations for full details.
The producer of the waste must identify controlled waste and, as such, should treat it in compliance with all relevant Regulations regarding waste.
The 2012 Regulations may impose additional requirements and costs on those types of businesses, charities or organisations which had under the previous 1992 Regulations had their waste disposed of free of charge by their local authority. However there are still exemptions available for charity shops (no “disposal charge” if the waste originated from domestic property), reuse organisations, firms eligible for free waste disposal and entitled to Small Business Rate Relief, and premises used for public meetings.
Waste from construction and demolition works is classified as household waste where:
- the waste is produced at a domestic property by the owner or occupier of that property;
- each transport of waste is less than 100 litres; and
- each article of waste is smaller than 2000mm x 750mm x 700mm.
Schedule 1 is amended accordingly.
This amendment has no direct relevance to environmental matters.
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