Explanatory note

These Regulations amend the Waste Separation Requirements (Wales) Regulations 2023 (“the 2023 Regulations”).

Regulation 2(2) and (4)(b) amend the recyclable waste stream “unsold small waste electrical and electronic equipment” in the 2023 Regulations so that, from 6 April 2026, the separation requirements duty in regulation 3(1) of the 2023 Regulations will no longer be limited to just “unsold” small waste electrical and electronic equipment. Further, the hazardous waste exclusion for small waste electrical and electronic equipment in Schedule 1 to the 2023 Regulations is amended so it is consistent with the hazardous waste exclusions for the other recyclable waste streams in that Schedule.

Regulation 3(3)(a) of the 2023 Regulations provides that hospitals are exempt from the duty to separately present each recyclable waste stream for collection in regulation 3(1) of the 2023 Regulations until 6 April 2026. Regulation 2(3) omits regulation 3(3)(a), and the definition of “hospital” in regulation 3(4), from the 2023 Regulations because this exemption expires on the day these Regulations come into force and these provisions will no longer be relevant.

Regulation 2(4)(a) amends Schedule 1 to the 2023 Regulations to remove expanded polypropylene plastic packaging from the list of waste sub-fractions within the recyclable waste stream “Plastic”.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government at Cathays Park, Cardiff CF10 3NQ and on the Welsh Government website at www.gov.wales.