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The Waste (England and Wales) Regulations 2011

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111506462

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament and the National Assembly for Wales under section 2(8) and (9)(d) and (e) of the Pollution Prevention and Control Act 1999, paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and section 59(3) of the Government of Wales Act 2006 for approval by resolution of each House of Parliament and of the Assembly.

Environmental Protection, England And Wales

Made ***

Coming into force in accordance with regulation 1

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of the Pollution Prevention and Control Act 1999f1 consulted—

(a)

the Environment Agency;

(b)

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small business respectively as they consider appropriate; and

(c)

such other bodies or persons as they consider appropriate.

The Secretary of State is designatedf2 for the purposes of the European Communities Act 1972f3 in relation to the environment. The Welsh Ministers are designatedf4 for the purposes of that Act in relation to the prevention, reduction and management of waste.

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of the Pollution Prevention and Control Act 1999f5, to paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and to section 59(3) of the Government of Wales Act 2006f6.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999.

Annotations to the whole text

Footnotes

f1

1999 c. 24. Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of S.I. 2005/1958. Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

f2

S.I. 2008/301.

f3

1972 c. 68.

f4

S.I. 2010/1552.

f5

The reference in section 2(8) of the 1999 Act to approval by each House of Parliament has effect in relation to the exercise of functions by the Welsh Ministers as if it were a reference to approval by the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

f6

2006 c. 32.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2Application
  4. 3Interpretation
  5. Part 2: Waste prevention programmes
  6. 4Establishment of waste prevention programmes
  7. 5Purposes etc. of waste prevention programmes
  8. 6Monitoring and evaluation of waste prevention programmes
  9. Part 3: Waste management plans
  10. 7Requirement for waste management plans
  11. 8Content of waste management plans
  12. Part 4: Waste prevention programmes and waste management plans: general provision
  13. 9Directions to the Environment Agency
  14. 10Review and modification of programmes and plans
  15. 11Public participation in programmes and plans
  16. Part 5: Duties in relation to waste management and improved use of waste as a resource
  17. 12Duty in relation to the waste hierarchy
  18. 13Duties in relation to collection of waste
  19. 14Duty in relation to collected waste
  20. 15Guidance
  21. Part 6: Duties of planning authorities
  22. 16General interpretation
  23. 17Meaning of planning functions
  24. 18Exercise of planning functions
  25. 19Inspections
  26. 20Further duties in relation to planning permission
  27. Part 7: Deposits in the sea
  28. 21Interpretation
  29. 22Exercise of offshore licensing functions
  30. 23Inspections
  31. Part 8: Registration of carriers, brokers and dealers
  32. 24Interpretation
  33. 25Registration of brokers and dealers in controlled waste
  34. 26Exemptions in relation to carriers
  35. 27Transitional exemptions
  36. 28The register
  37. 29Procedure for registration
  38. 30Updating the register
  39. 31Duration of a registration
  40. 32Revocation of registration
  41. 33Appeals
  42. 34Inspections
  43. Part 9: Transfer of waste
  44. 35The transfer note
  45. Part 10: Enforcement
  46. 36Interpretation
  47. 37Enforcement authority
  48. 38Compliance notices
  49. 39Stop notices
  50. 40Restoration notices
  51. 41Appeals
  52. 42Offence and penalties
  53. 43Proceedings against partnerships and unincorporated associations
  54. 44Offences by bodies corporate, partnerships and unincorporated associations
  55. 45Proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989
  56. Part 11: Final provisions
  57. 46Registration: reduction of administrative burden
  58. 47Radioactive waste
  59. 48Amendments and revocations
  60. Signature
  61. Schedule 1: Waste prevention programmes and waste management plans
  62. Part 1: Objectives
  63. 1Overall objective
  64. 2Application of the waste hierarchy
  65. 3Protection of human health and the environment
  66. 4Principles of self-sufficiency and proximity
  67. Part 2: Matters which must be included in waste management plans
  68. 5Analysis of the current waste management situation etc.
  69. 6General policies in relation to waste
  70. 7Policies in relation to packaging waste
  71. 8Policies in relation to separate collection of waste
  72. 9Policies in relation to bio-waste
  73. 10Policies in relation to re-use
  74. 11Preparing for re-use, recovery and recycling targets
  75. Part 3: Matters which may be included in waste management plans
  76. 12Matters which may be includedin a waste management plan
  77. Part 4: Public participation in the preparation or modification of a waste prevention programme or national waste management plan
  78. 13Interpretation
  79. 14Public participation procedures
  80. 15Procedures following public participation
  81. Schedule 2: Amendments to the Hazardous Waste (England and Wales) Regulations 2005
  82. Part 1: Amendments
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. 4Paragraph 4
  87. 5Paragraph 5
  88. 6Paragraph 6
  89. 7Paragraph 7
  90. 8Paragraph 8
  91. 9Paragraph 9
  92. 10Paragraph 10
  93. 11Paragraph 11
  94. 12Paragraph 12
  95. 13Paragraph 13
  96. 14Paragraph 14
  97. 15Paragraph 15
  98. 16Paragraph 16
  99. 17Paragraph 17
  100. 18Paragraph 18
  101. 19Paragraph 19
  102. 20Paragraph 20
  103. 21Paragraph 21
  104. 22Paragraph 22
  105. 23Paragraph 23
  106. 24Paragraph 24
  107. 25Paragraph 25
  108. 26Paragraph 26
  109. 27Paragraph 27
  110. 28Paragraph 28
  111. 29Paragraph 29
  112. 30Paragraph 30
  113. 31Paragraph 31
  114. 32Paragraph 32
  115. 33Paragraph 33
  116. 2The new Schedule 3
  117. 3The new Schedule 4
  118. Schedule 3: Amendments to the Environmental Permitting (England and Wales) Regulations 2010
  119. 1Paragraph 1
  120. 2Paragraph 2
  121. 3Paragraph 3
  122. 4Paragraph 4
  123. 5Paragraph 5
  124. 6Paragraph 6
  125. 7Paragraph 7
  126. 8Paragraph 8
  127. 9Paragraph 9
  128. 10Paragraph 10
  129. 11Paragraph 11
  130. 12Paragraph 12
  131. 13Paragraph 13
  132. 14Paragraph 14
  133. 15Paragraph 15
  134. Schedule 4: Amendments to other legislation
  135. Part 1: Public General Acts
  136. 1The Control of Pollution (Amendment) Act 1989
  137. 2The Town and Country Planning Act 1990
  138. 3The Environmental Protection Act 1990
  139. 4The Environment Act 1995
  140. 5The Greater London Authority Act 1999
  141. 6The Waste and Emissions Trading Act 2003
  142. 7The Government of Wales Act 2006
  143. Part 2: Secondary legislation
  144. 8The Town and Country Planning (Use Classes) Order 1987
  145. 9The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
  146. 10The Environment Act 1995 (Consequential Amendments) Regulations 1996
  147. 11The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
  148. 12The Town and Country Planning (Development Plan) (England) Regulations 1999
  149. 13The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
  150. 14The Town and Country Planning (London Spatial Development Strategy) Regulations 2000
  151. 15The Packaging (Essential Requirements) Regulations 2003
  152. 16The End-of-Life Vehicles Regulations 2003
  153. 17The Town and Country Planning (Local Development) (England) Regulations 2004
  154. 18The Landfill Allowances and Trading Scheme (England) Regulations 2004
  155. 19The End-of-Life Vehicles (Producer Responsibility) Regulations 2005
  156. 20The List of Wastes (England) Regulations 2005
  157. 21The Waste Management (England and Wales) Regulations 2006
  158. 22The Waste Electrical and Electronic Equipment Regulations 2006
  159. 23The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
  160. 24The Transfrontier Shipment of Waste Regulations 2007
  161. 25The Environmental Permitting (England and Wales) Regulations 2007
  162. 26The Town and Country Planning (Mayor of London) Order 2008
  163. 27The Batteries and Accumulators (Placing on the Market) Regulations 2008
  164. 28The Environmental Damage (Prevention and Remediation) Regulations 2009
  165. 29The Renewables Obligation Order 2009
  166. 30The Waste Batteries and Accumulators Regulations 2009
  167. 31The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
  168. Schedule 5Revocations
  169. Explanatory note