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The Waste (England and Wales) Regulations 2011

S.I. 2011/988 · Made 28 March 2011 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 16 July 2026.

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ProvisionChangeMade by
Pt. 8ceases to have effectThe Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026 reg. 26

Environmental Protection, England And Wales

Made 28th March 2011

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 1999 M1 consulted—

  1. (a)

    the Environment Agency;

  2. (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

  3. (c)

    such other bodies or persons as they consider appropriate.

The Secretary of State is designated M2 for the purposes of the European Communities Act 1972 M3 in relation to the environment. The Welsh Ministers are designated M4 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 1999 M5, to paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and to section 59(3) of the Government of Wales Act 2006 M6.

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

Marginal citations

M1

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).

M2

S.I. 2008/301.

M3

1972 c. 68.

M4

S.I. 2010/1552.

M5

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).

M6

2006 c. 32.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2Application
  4. 3Interpretation
  5. 3AModification of the Industrial Emissions Directive
  6. 3BModification of the Landfill Directive
  7. 3CModification of the Mining Waste Directive
  8. 3DModification of the Waste Framework Directive
  9. 3EModification of Directive 2000/60/EC of the European Parliament and of the Council
  10. Part 2: Waste prevention programmes
  11. 4Establishment of waste prevention programmes
  12. 5Purposes etc. of waste prevention programmes
  13. 6Monitoring and evaluation of waste prevention programmes
  14. Part 3: Waste management plans
  15. 7Requirement for waste management plans
  16. 8Content of waste management plans
  17. Part 4: Waste prevention programmes and waste management plans: general provision
  18. 9Directions to the Environment Agency
  19. 10Review and modification of programmes and plans
  20. 11Public participation in programmes and plans
  21. Part 5: Duties in relation to waste management and improved use of waste as a resource
  22. 12Duty in relation to the waste hierarchy
  23. 13Duties in relation to collection of waste
  24. 14Duty in relation to collected waste
  25. 15Guidance
  26. 15AInterpretation: Wales
  27. Part 6: Duties of planning authorities
  28. 16General interpretation
  29. 17Meaning of planning functions
  30. 18Exercise of planning functions
  31. 19Inspections
  32. 20Further duties in relation to planning permission
  33. Part 7: Deposits in the sea
  34. 21Interpretation
  35. 22Exercise of offshore licensing functions
  36. 23Inspections
  37. Part 8: Registration of carriers, brokers and dealers
  38. 24Interpretation
  39. 25Registration of brokers and dealers in controlled waste
  40. 26Exemptions in relation to carriers
  41. 27Transitional exemptions
  42. 28The register
  43. 29Procedure for registration
  44. 30Updating the register
  45. 31Duration of a registration
  46. 32Revocation of registration
  47. 33Appeals
  48. 34Inspections
  49. Part 9: Transfer of waste
  50. 35Waste information
  51. Part 10: Enforcement
  52. 36Interpretation
  53. 37Enforcement authority
  54. 38Compliance notices
  55. 39Stop notices
  56. 40Restoration notices
  57. 41Appeals
  58. 42Offence and penalties
  59. 43Proceedings against partnerships and unincorporated associations
  60. 44Offences by bodies corporate, partnerships and unincorporated associations
  61. 45Proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989
  62. Part 10A: Authority to transport controlled waste
  63. 45ASpecified requirements under section 5 of the Control of Pollution (Amendment) Act 1989
  64. Part 11: Final provisions
  65. 46Registration: reduction of administrative burden
  66. 47Radioactive waste
  67. 48Amendments and revocations
  68. 49Review
  69. Signature
  70. Schedule 1: Waste prevention programmes and waste management plans
  71. Part 1: Objectives
  72. 1Overall objective
  73. 2Application of the waste hierarchy
  74. 3Protection of human health and the environment
  75. 4Principles of self-sufficiency and proximity
  76. Part 2: Matters which must be included in waste management plans
  77. 5Analysis of the current waste management situation etc.
  78. 6General policies in relation to waste and litter
  79. 7Policies in relation to packaging waste
  80. 8Policies in relation to separate collection of waste
  81. 9Policies in relation to bio-waste
  82. 10Policies in relation to re-use
  83. 11Preparing for re-use and recycling targets and landfill reduction targets
  84. Part 2A: Waste management plans: transitional provision
  85. 11AParagraph 11A
  86. Part 3: Matters which may be included in waste management plans
  87. 12Matters which may be included in a waste management plan
  88. Part 4: Public participation in the preparation or modification of a waste prevention programme or national waste management plan
  89. 13Interpretation
  90. 14Public participation procedures
  91. 15Procedures following public participation
  92. Part 5: Waste prevention measures referred to in regulation 5(c)(iii)
  93. 16Paragraph 16
  94. Part 6: Examples of economic instruments and other measures to provide incentives for the application of the waste hierarchy
  95. 17Paragraph 17
  96. Schedule 2: Amendments to the Hazardous Waste (England and Wales) Regulations 2005
  97. Part 1: Amendments
  98. 1Paragraph 1
  99. 2Paragraph 2
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. 9Paragraph 9
  107. 10Paragraph 10
  108. 11Paragraph 11
  109. 12Paragraph 12
  110. 13Paragraph 13
  111. 14Paragraph 14
  112. 15Paragraph 15
  113. 16Paragraph 16
  114. 17Paragraph 17
  115. 18Paragraph 18
  116. 19Paragraph 19
  117. 20Paragraph 20
  118. 21Paragraph 21
  119. 22Paragraph 22
  120. 23Paragraph 23
  121. 24Paragraph 24
  122. 25Paragraph 25
  123. 26Paragraph 26
  124. 27Paragraph 27
  125. 28Paragraph 28
  126. 29Paragraph 29
  127. 30Paragraph 30
  128. 31Paragraph 31
  129. 32Paragraph 32
  130. 33Paragraph 33
  131. 2The new Schedule 3
  132. 3The new Schedule 4
  133. Schedule 3: Amendments to the Environmental Permitting (England and Wales) Regulations 2010
  134. 1Paragraph 1
  135. 2Paragraph 2
  136. 3Paragraph 3
  137. 4Paragraph 4
  138. 5Paragraph 5
  139. 6Paragraph 6
  140. 7Paragraph 7
  141. 8Paragraph 8
  142. 9Paragraph 9
  143. 10Paragraph 10
  144. 11Paragraph 11
  145. 12Paragraph 12
  146. 13Paragraph 13
  147. 14Paragraph 14
  148. 15Paragraph 15
  149. Schedule 4: Amendments to other legislation
  150. Part 1: Public General Acts
  151. 1The Control of Pollution (Amendment) Act 1989
  152. 2The Town and Country Planning Act 1990
  153. 3The Environmental Protection Act 1990
  154. 4The Environment Act 1995
  155. 5The Greater London Authority Act 1999
  156. 6The Waste and Emissions Trading Act 2003
  157. 7The Government of Wales Act 2006
  158. Part 2: Secondary legislation
  159. 8The Town and Country Planning (Use Classes) Order 1987
  160. 9The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
  161. 10The Environment Act 1995 (Consequential Amendments) Regulations 1996
  162. 11The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
  163. 12The Town and Country Planning (Development Plan) (England) Regulations 1999
  164. 13The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
  165. 14The Town and Country Planning (London Spatial Development Strategy) Regulations 2000
  166. 15The Packaging (Essential Requirements) Regulations 2003 Repealed
  167. 16The End-of-Life Vehicles Regulations 2003
  168. 17The Town and Country Planning (Local Development) (England) Regulations 2004 Repealed
  169. 18The Landfill Allowances and Trading Scheme (England) Regulations 2004 Repealed
  170. 19The End-of-Life Vehicles (Producer Responsibility) Regulations 2005
  171. 20The List of Wastes (England) Regulations 2005
  172. 21The Waste Management (England and Wales) Regulations 2006
  173. 22The Waste Electrical and Electronic Equipment Regulations 2006
  174. 23The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
  175. 24The Transfrontier Shipment of Waste Regulations 2007
  176. 25The Environmental Permitting (England and Wales) Regulations 2007
  177. 26The Town and Country Planning (Mayor of London) Order 2008
  178. 27The Batteries and Accumulators (Placing on the Market) Regulations 2008
  179. 28The Environmental Damage (Prevention and Remediation) Regulations 2009
  180. 29The Renewables Obligation Order 2009
  181. 30The Waste Batteries and Accumulators Regulations 2009
  182. 31The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
  183. Schedule 5: Revocations
  184. Paragraph
  185. Explanatory note