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The Controlled Waste Regulations 1992

S.I. 1992/588 · Made 9 March 1992 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2025.

ENVIRONMENTAL PROTECTION

Made 9th March 1992

Laid before Parliament 10th March 1992

Coming into force 1st April 1992

The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, in exercise of powers conferred on them by sections 1(3)(a), 8(2) and 9(1) of the Control of Pollution (Amendment) Act 1989f1 and sections 33(3), 45(3), 75(7)(d) and (8) and 96 of the Environmental Protection Act 1990f2, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 7(b)

Footnotes

f1

1989 c. 14; relevant amendments were made by paragraph 31 of Schedule 15 to the Environmental Protection Act 1990. See the definition of “prescribed” in section 9(1) of the 1989 Act.

f2

1990 c. 43.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Waste to be treated as household waste
  3. 3Waste not to be treated as household waste
  4. 4Charges for the collection of household waste
  5. 5Waste to be treated as industrial waste
  6. 6Waste to be treated as commercial waste
  7. 7Waste not to be treated as industrial or commercial waste Repealed
  8. 7AWaste not to be treated as household, industrial or commercial waste
  9. 8Application of Part II of the Act to litter and refuse
  10. 9Exceptions from section 33(1) of the Act Repealed
  11. 10Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 Repealed
  12. Signature
  13. Schedule 1: WASTE TO BE TREATED AS HOUSEHOLD WASTE
  14. 1Paragraph 1
  15. 2Paragraph 2
  16. 3Paragraph 3
  17. 4Paragraph 4
  18. 5Paragraph 5
  19. 6Paragraph 6
  20. 7Paragraph 7
  21. 8Paragraph 8
  22. 9Paragraph 9
  23. 10Paragraph 10
  24. 11Paragraph 11
  25. Schedule 2: TYPES OF HOUSEHOLD WASTE FOR WHICH A CHARGE FOR COLLECTION MAY BE MADE
  26. 1Paragraph 1
  27. 2Paragraph 2
  28. 3Paragraph 3
  29. 4Paragraph 4
  30. 5Paragraph 5
  31. 6Paragraph 6
  32. 7Paragraph 7
  33. 8Paragraph 8
  34. 9Paragraph 9
  35. 10Paragraph 10
  36. 11Paragraph 11
  37. 12Paragraph 12
  38. 13Paragraph 13
  39. 14Paragraph 14
  40. 15Paragraph 15
  41. 16Paragraph 16
  42. 17Paragraph 17
  43. 18Paragraph 18
  44. Schedule 3: WASTE TO BE TREATED AS INDUSTRIAL WASTE
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. 4Paragraph 4
  49. 5Paragraph 5
  50. 6Paragraph 6
  51. 7Paragraph 7
  52. 8Paragraph 8
  53. 9Paragraph 9
  54. 10Paragraph 10
  55. 11Paragraph 11
  56. 12Paragraph 12
  57. 13Paragraph 13
  58. 14Paragraph 14 Repealed
  59. 15Paragraph 15
  60. 16Paragraph 16
  61. 17Paragraph 17
  62. 18Paragraph 18
  63. 19Paragraph 19
  64. Schedule 4: WASTE TO BE TREATED AS COMMERCIAL WASTE
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 2AParagraph 2A
  68. 3Paragraph 3
  69. 4Paragraph 4
  70. 5Paragraph 5
  71. 6Paragraph 6
  72. 7Paragraph 7
  73. 8Paragraph 8
  74. 9Paragraph 9
  75. 10Paragraph 10
  76. Explanatory note

1Citation, commencement and interpretationF1I1

(1)

These Regulations may be cited as the Controlled Waste Regulations 1992 and shall come into force on 1st April 1992 save for regulation 10, which shall come into force on 1st June 1992.

(2)

In these Regulations—

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

  • “the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989f1;

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

  • “charity” means any body of persons or trust established for charitable purposes only;

  • “clinical waste” means—

    1. (a)

      any waste which consists wholly or partly of human or animal tissue, blood or other body fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, or syringes, needles or other sharp instruments, being waste which unless rendered safe may prove hazardous to any person coming into contact with it; and

    2. (b)

      any other waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it;

  • “composite hereditament” has the same meaning as in section 64(9) of the Local Government Finance Act 1988f2;

  • “construction” includes improvement, repair or alteration;

  • F2“Directive waste” has the meaning given by F3regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011;

  • “part residential subjects” has the same meaning as in F4section 99(1) of the Local Government Finance Act 1992;

  • “scrap metal” has the same meaning as in section 9(2) of the Scrap Metal Dealers Act 1964f3;

  • “septic tank sludge” and “sludge” have the same meaning as in regulation 2(1) of the 1989 Regulations; and

  • “vessel” includes a hovercraft within the meaning of section 4(1) of the Hovercraft Act 1968f4.

(3)

Any reference in these Regulations to a section is, except where the context otherwise requires, a reference to a section of the Act.

(4)

References in these Regulations to waste—

F5(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

except so far as otherwise provided, do not include sewage (including matter in or from a privy).

2Waste to be treated as household wasteF1I1

(1)

F2Subject to paragraph (2) and regulations 3 and 7A, waste of the descriptions set out in Schedule 1 shall be treated as household waste for the purposes of Part II of the Act.

(2)

Waste of the following descriptions shall be treated as household waste for the purposes only of section 34(2) (household waste produced on domestic property) —

(a)

waste arising from works of construction or demolition, including waste arising from work preparatory thereto; and

(b)

septic tank sludge.

3Waste not to be treated as household wasteF1I1

(1)

Waste of the following descriptions shall not be treated as household waste for the purposes of section 33(2) (treatment, keeping or disposal of household waste within the curtilage of a dwelling)—

(a)

any mineral or synthetic oil or grease;

(b)

asbestos; and

(c)

clinical waste.

(2)

Scrap metal shall not be treated as household waste for the purposes of section 34 F2at any time before F31st October 1995.

4Charges for the collection of household wasteF1I1

The collection of any of the types of household waste set out in Schedule 2 is prescribed for the purposes of section 45(3) as a case in respect of which a charge for collection may be made.

5Waste to be treated as industrial wasteF1I1

(1)

Subject to paragraph (2) and F2regulations 7 and 7A, waste of the descriptions set out in Schedule 3 shall be treated as industrial waste for the purposes of Part II of the Act.

(2)

Waste of the following descriptions shall be treated as industrial waste for the purposes of Part II of the Act (except section 34(2))—

(a)

waste arising from works of construction or demolition, including waste arising from work preparatory thereto;

(b)

septic tank sludge not falling within F3regulation 7(1)(a) or (c).

6Waste to be treated as commercial wasteF1I1

Subject to F2regulations 7 and 7A, waste of the descriptions set out in Schedule 4 shall be treated as commercial waste for the purposes of Part II of the Act.

7Waste not to be treated as industrial or commercial wasteF1E1 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7AWaste not to be treated as household, industrial or commercial wasteF1F2

For the purposes of Part II of the Act, waste which is not Directive waste shall not be treated as household waste, industrial waste or commercial waste.

8Application of Part II of the Act to litter and refuseF1I1

Part II of the Act shall have effect as if—

(a)

references to controlled waste included references to litter and refuse to which section 96 applies;

(b)

references to controlled waste of a description set out in the first column of Table A below included references to litter and refuse of a description set out in the second column thereof;

(c)

references to controlled waste collected under section 45 included references to litter and refuse collected under sections 89(1)(a) and (c) and 92(9); and

(d)

references to controlled waste collected under section 45 which is waste of a description set out in the first column of Table B below included references to litter and refuse of a description set out in the second column thereof.

TABLE A

Description of wasteDescription of litter and refuse
Household waste.Litter and refuse collected under section 89(1)(a), (c) and (f).
Industrial waste.Litter and refuse collected under section 89(1)(b) and (e).
Commercial waste.Litter and refuse collected under sections 89(1)(d) and (g), 92(9) and 93.

TABLE B

Description of wasteDescription of litter and refuse
Household waste.Litter and refuse collected under section 89(1)(a) and (c).
Commercial waste.Litter and refuse collected under section 92(9).

9Exceptions from section 33(1) of the ActF2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991F2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

F1Michael Heseltine

Secretary of State for the Environment

9th March 1992

David Hunt

Secretary of State for Wales

9th March 1992

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

9th March 1992

1I1F1

Waste from a hereditament or premises exempted from localnon-domestic rating by virtue of—

(a)

in England and Wales, paragraph 11f1 of Schedule 5 to the Local Government Finance Act 1988f2 (places of religious worship etc.);

(b)

in Scotland, section 22f3 of the Valuation and Rating (Scotland) Act 1956f4 (churches etc).

2I1F1

Waste from premises occupied by a charity and wholly or mainly used for charitable purposes.

3I1F1

Waste from any land belonging to or used in connection with domestic property, a caravan or a residential home.

4I1F1

Waste from a private garage which either has a floor area of 25 square metres or less or is used wholly or mainly for the accommodation of a private motor vehicle.

5I1F1

Waste from private storage premises used wholly or mainly for the storage of articles of domestic use.

6I1F1

Waste from a moored vessel used wholly for the purposes of living accommodation.

7I1F1

Waste from a camp site.

8I1F1

Waste from a prison or other penal institution.

9I1F1

Waste from a hall or other premises used wholly or mainly for public meetings.

10I1F1

Waste from a royal palace.

11I1F1

Waste arising from the discharge by a local authority of its duty under section 89(2).

1I1F1

Any article of waste which exceeds 25 kilograms in weight.

2I1F1

Any article of waste which does not fit, or cannot be fitted into—

(a)

a receptacle for household waste provided in accordance with section 46; or

(b)

where no such receptacle is provided, a cylindrical container 750 millimetres in diameter and 1 metre in length.

3I1F1

Garden waste.

4I1F1

Clinical waste from a domestic property, a caravan or from a moored vessel used wholly for the purposes of living accommodation.

5I1F1

Waste from a residential hostel, a residential home or from premises forming part of a university, school or other educational establishment or forming part of a hospital or nursing home.

6I1F1

Waste from domestic property or a caravan used in the course of a business for the provision of self-catering holiday accommodation.

7I1F1

Dead domestic pets.

8I1F1

Any substances or articles which, by virtue of a notice served by a collection authority under section 46, the occupier of the premises may not put into a receptacle for household waste provided in accordance with that section.

9I1F1

Litter and refuse collected under section 89(1)(f).

10I1F1

Waste from—

(a)

in England and Wales, domestic property forming part of a composite hereditament;

(b)

in Scotland, the residential part of part residential subjects.

11I1F1

Any mineral or synthetic oil or grease.

12I1F1

Asbestos.

13I1F1

Waste from a caravan which in accordance with any licence or planning permission regulating the use of the caravan site on which the caravan is stationed is not allowed to be used for human habitation throughout the year.

14I1F1

Waste from a camp site, other than from any domestic property on that site.

15I1F1

Waste from premises occupied by a charity and wholly or mainly used for charitable purposes, unless it is waste falling within paragraph 1 of Schedule 1.

16I1F1

Waste from a prison or other penal institution.

17I1F1

Waste from a hall or other premises used wholly or mainly for public meetings.

18I1F1

Waste from a royal palace.

1I1F1

Waste from premises used for maintaining vehicles, vessels or aircraft, not being waste from a private garage to which paragraph 4 of Schedule 1 applies.

2I1F1

Waste from a laboratory.

3I1F1

(1)

Waste from a workshop or similar premises not being a factory within the meaning of section 175 of the Factories Act 1961f1 because the people working there are not employees or because the work there is not carried on by way of trade or for purposes of gain.

(2)

In this paragraph, “workshop” does not include premises at which the principal activities are computer operations or the copying of documents by photographic or lithographic means.

4I1F1

Waste from premises occupied by a scientific research association approved by the Secretary of State under section 508 of the Income and Corporation Taxes Act 1988f1 .

5I1F1

Waste from dredging operations.

6I1F1

Waste arising from tunnelling or from any other excavation.

7I1F1

Sewage not falling within a description in regulation 7 which—

(a)

is treated, kept or disposed of in or on land, other than by means of a privy, cesspool or septic tank;

(b)

is treated, kept or disposed of by means of mobile plant; or

(c)

has been removed from a privy or cesspool.

8I1F1

Clinical waste other than—

(a)

clinical waste from a domestic property, caravan, residential home or from a moored vessel used wholly for the purposes of living accommodation;

(b)

waste collected under section 22(3) of the Control of Pollution Act 1974f1 F2or section 25(2) of the Local Government and Planning (Scotland) Act 1982; or

(c)

waste collected under sections 89, 92(9) or 93.

9I1F1

Waste arising from any aircraft, vehicle or vessel which is not occupied for domestic purposes.

10I1F1

Waste which has previously formed part of any aircraft, vehicle or vessel and which is not household waste.

11I1F1

Waste removed from land on which it has previously been deposited and any soil with which such waste has been in contact, other than—

(a)

waste collected under section 22(3) of the Control of Pollution Act 1974 F2or section 25(2) of the Local Government and Planning (Scotland) Act 1982; or

(b)

waste collected under sections 89, 92(9) or 93.

12I1F1

Leachate from a deposit of waste.

13I1F1

Poisonous or noxious waste arising from any of the following processes undertaken on premises used for the purposes of a trade or business—

(a)

mixing or selling paints;

(b)

sign writing;

(c)

laundering or dry cleaning;

(d)

developing photographic film or making photographic prints;

(e)

selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar substances; or

(f)

selling pesticides, herbicides or fungicides.

14F1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15I1F1

(1)

Waste oil, waste solvent or (subject to regulation 7(2)) scrap metal, other than—

(a)

waste from a domestic property, caravan or residential home;

(b)

waste falling within paragraphs 3 to 6 of Schedule 1.

(2)

In this paragraph—

  • “waste oil” means mineral or synthetic oil which is contaminated, spoiled or otherwise unfit for its original purpose; and

  • “waste solvent” means solvent which is contaminated, spoiled or otherwise unfit for its original purpose.

16I1F1

Waste arising from the discharge by the Secretary of State of his duty under section 89(2).

17I1F1

Waste imported into Great Britain.

18I1F1

(1)

Tank washings or garbage landed in Great Britain.

(2)

In this paragraph—

  • F2“tank washings” has the same meaning as in paragraph 36 of Schedule 1 to the Waste Management Licensing (Scotland) Regulations 2011;

  • “garbage” has the same meaning as in regulation 1(2) of the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988f1.

19F1

F2Any other waste which is Directive Waste, with the exception of any waste which is expressed by any other provision of these Regulations or section 75(5) or (7) of the Environmental Protection Act 1990 to be household waste or commercial waste.

1I1F1

Waste from an office or showroom.

2I1F1

Waste from a hotel within the meaning of—

(a)

in England and Wales, section 1(3) of the Hotel Proprietors Act 1956f1 ; and

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2AF1F2 S

In Scotland, waste from–

(a)

in towns and suburbs, a house containing at least four apartments set apart exclusively for the sleeping accommodation of travellers;

(b)

in rural districts and populous places not exceeding 1,000 inhabitants according to the census for the time being last taken, a house containing at least two such apartments.

3I1F1

Waste from any part of a composite hereditament, or, in Scotland, of part residential subjects, which is used for the purposes of a trade or business.

4I1F1

Waste from a private garage which either has a floor area exceeding 25 square metres or is not used wholly or mainly for the accommodation of a private motor vehicle.

5I1F1

Waste from premises occupied by a club, society or any association of persons (whether incorporated or not) in which activities are conducted for the benefit of the members.

6I1F1

Waste from premises (not being premises from which waste is by virtue of the Act or of any other provision of these Regulations to be treated as household waste or industrial waste) occupied by—

(a)

a court;

(b)

a government department;

(c)

a local authority;

(d)

a body corporate or an individual appointed by or under any enactment to discharge any public functions; or

(e)

a body incorporated by a Royal Charter.

7I1F1

Waste from a tent pitched on land other than a camp site.

8I1F1

Waste from a market or fair.

9I1F1

Waste collected under section 22(3) of the Control of Pollution Act 1974 F2or section 25(2) of the Local Government and Planning (Scotland) Act 1982.

10F1F2 S

Waste from premises used for the purposes of breeding, boarding, stabling or exhibiting animals.

Explanatory note

(This note is not part of the Regulations)

Part II of the Environmental Protection Act 1990 ( “the 1990 Act”) defines three sorts of controlled waste: household, industrial and commercial waste. The 1990 Act enables regulations to be made whereby waste of any description, including litter and refuse, is to be treated for the purposes of the provisions of Part II as being of one or other of those categories.

Regulation 2(1) provides for certain descriptions of waste to be treated as household waste for the purposes of Part II. Regulation 2(2) provides for two types of waste to be treated as household waste only for the purposes of section 34(2) of the 1990 Act, which relieves the occupier of domestic property of the duty of care under section 34(1) in relation to his household waste.

Regulation 3 prescribes certain types of waste which are not to be treated as household waste.

Regulation 4 prescribes a number of cases where a charge may be made for the collection of household waste.

Regulation 5(1) prescribes certain types of waste which are to be treated as industrial waste. Regulation 5(2) provides for two types of waste to be treated as industrial waste except for the purposes of section 34(2) of the 1990 Act.

Regulation 6 prescribes certain types of waste which are to be treated as commercial waste.

Regulation 7 prescribes certain types of waste which are not be treated as industrial or commercial waste.

Regulation 8 provides for certain types of litter and refuse to be treated as controlled waste, for the purposes of Part II.

Regulation 9 exempts from the duty under section 33(1) of the Act (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of controlled waste) cases where a disposal licence is not required under Part I of the Control of Pollution Act 1974, and certain land used by existing disposal authoritities.

Regulation 10 amends the definition of “building and demolition waste” in the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991.