Regulation 22 New Schedule 25D

After Schedule 25C (decarbonisation readiness requirements for generators in England)^f1 insert—

“SCHEDULE 25D

Waste Controlling Activity, Waste Controlling-Transporting Activity and Waste Transporting Activity

Regulation 35(1)

Application

1.

This Schedule applies in relation to waste controlling activity, waste controlling-transporting activity and waste transporting activity.

Interpretation

2.

(1)

In this Schedule—

• “the 2025 Regulations” means the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025;

• “applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply” means a waste operation referred to in paragraph 3 or 4 of Part 5 of Schedule 3;

• “appropriately authorised facility”, in relation to particular waste, means—

  1. (a)

     a permitted waste operation;

  2. (b)

     an exempt waste operation; or

  3. (c)

     an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply,

     to which the waste can be taken in compliance with the conditions of that permit, exemption or waste operation;

• “collective waste management agreement” means a contractual agreement for the collective management of waste produced in a multi-producer premises;

• “multi-producer premises” means a premises occupied by more than one waste producer;

• “permitted waste operation” means a site that has an environmental permit for a waste operation;

• “returnable item” has the meaning given in regulation 9(5) of the 2025 Regulations;

• “return point” has the meaning given in regulation 8(1) of the 2025 Regulations;

• “secure storage exempt waste operation” means an exempt waste operation that falls within paragraph 1 or 2 of section 2 of Chapter 5 of Part 1 of Schedule 3;

• “waste holder” has the meaning in Article 3(6) of the Waste Framework Directive;

• “waste producer” has the meaning in Article 3(5) of the Waste Framework Directive.

Waste controlling activity

3.

(1)

Subject to paragraph 6, “waste controlling activity” means any of the following—

(a)

buying and selling waste;

(b)

organising the collection, transportation, recovery or disposal of waste;

(c)

organising the end destination of waste;

(d)

organising the temporary storage of waste prior to recovery or disposal;

(e)

making arrangements for the assessment of waste and ensuring waste is classified by the waste producer, or if there is no identifiable waste producer, the waste holder.

(2)

The activity may be carried on—

(a)

on behalf of others;

(b)

whether or not possession is taken of the waste concerned.

Waste transporting activity

4.

(1)

Subject to paragraph 6, waste transporting activity means moving waste between locations.

(2)

The activity in sub-paragraph (1) may be carried on under the instructions of an operator of a waste controlling activity, or a waste carrier, broker or dealer registered under the Control of Pollution (Amendment) Act 1989^f2, or a person authorised to carry on the activities of a broker or dealer under the Environmental Authorisations (Scotland) Regulations 2018^f3.

Waste controlling-transporting activity

5.

Subject to paragraph 6, waste controlling-transporting activity means an activity which is both a waste controlling activity and a waste transporting activity.

Activity that is not waste controlling or transporting activity

6.

(1)

The following activities do not constitute a waste controlling activity, waste controlling-transporting activity or waste transporting activity—

(a)

the occupier of a domestic property carrying on a waste controlling or transporting activity in relation to household waste produced by that occupier;

(b)

dealing with waste at the place it is produced (but subsequent control or transportation of that waste may constitute a waste controlling or transporting activity);

(c)

carrying on a waste controlling or transporting activity in accordance with a statutory duty, except where it is carried on as a commercial service;

(d)

unless the waste is produced by a business, carrying on a waste controlling or transporting activity in relation to non-hazardous waste as part of a voluntary scheme for the collection of waste to—

(i)

a secure storage exempt waste operation, or

(ii)

an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply,

to which the waste can be taken in compliance with the conditions for that waste operation;

(e)

carrying on a controlling or transporting activity whereby returnable items are moved to a return point by the owner of a business after the contents of the returnable item have been consumed at the premises of the business;

(f)

carrying on a controlling or transporting activity whereby litter is moved to an appropriately authorised facility, provided that it is not done as a remunerated service;

(g)

carrying on a controlling or transporting activity whereby waste produced within a multi-producer premises is dealt with in accordance with a collective waste management agreement subject to the following conditions—

(i)

it is not waste—

(aa)

produced during construction (including repair or alteration) or demolition;

(bb)

that contains or consists of polychlorinated biphenyls; or

(cc)

that contains or consists of asbestos;

(ii)

the producer is not producing waste in the course of a business of a waste operation;

(iii)

the collective waste management agreement specifies—

(aa)

the waste management procedures in place for the multi-producer premises;

(bb)

the person responsible for ensuring compliance with the waste management procedures;

(iv)

the waste is transported to a place within the premises that is a secure storage exempt waste operation or an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply, to which the waste can be taken in compliance with the conditions for that waste operation;

(h)

carrying on a controlling or transporting activity whereby samples of waste up to a maximum weight of 25kg are sent for testing to an appropriately authorised facility;

(i)

carrying on a controlling or transporting activity whereby waste collected pursuant to a scheme where a waste item is collected from a domestic property at the same time as a new item of the same type or with the same function is delivered to that property;

(j)

the operation of a vessel, aircraft, hovercraft, floating container or vehicle after it has been loaded with waste in circumstances in which a marine licence is required or would be required but for a marine exemption order for transporting the waste in order to carry out a specified marine operation.

(2)

In sub-paragraph (1)(j)—

• “marine licence” means—

  1. (a)

     a licence issued in accordance with section 8 of the Food and Environment Protection Act 1985^f4 (licences); or

  2. (b)

     a marine licence granted under section 71 of the Marine and Coastal Access Act 2009^f5 (licences);

• “marine exemption order” means an order under—

  1. (a)

     section 7 of the Food and Environment Protection Act 1985^f6 (exemptions from licensing); or

  2. (b)

     section 74 of the Marine and Coastal Access Act 2009^f7 (exemptions from marine licensing);

• “specified marine operation” mean an operation mentioned in—

  1. (a)

     section 5 or 6 of the Food and Environment Protection Act 1985^f8 (deposits in the sea or incineration); or

  2. (b)

     an item numbered 1 to 6 or 11 to 13 in section 66(1) of the Marine and Coastal Access Act 2009^f9 (which specifies licensable marine activities).

(3)

Subject to sub-paragraph (4), sub-paragraph (1) does not apply if the waste has been imported into the United Kingdom or is going to be exported from the United Kingdom.

(4)

The activities specified in sub-paragraphs (1)(h) and (j) do apply if the waste has been imported into the United Kingdom or is going to be exported from the United Kingdom.

Requirement to have proof of environmental permit

7.

The driver of a vehicle used to transport waste as part of a waste controlling or transporting activity must, when transporting waste, carry—

(a)

the permit number of the environmental permit for the waste controlling-transporting activity or waste transporting activity concerned in relation to the waste being transported; and

(b)

a unique driver number allocated to that driver by the operator who must maintain a record of the driver numbers allocated.

Exercise of relevant functions

8.

(1)

The regulator^f10 must exercise its relevant functions for the purposes of ensuring that—

(a)

operators apply the waste hierarchy in relation to any waste controlling activity;

(b)

any waste controlling or transporting activity in respect of the waste is carrying on in a manner that ensures the objectives of Article 13 of the Waste Framework Directive are met;

(c)

operators comply with Article 35(1) and (2) of the Waste Framework Directive.

(2)

The regulator may exercise its relevant functions for the purposes of ensuring that operators comply with Article 35(3) of the Waste Framework Directive.”.