The Waste (England and Wales) Regulations 2011
2011 No. 988
Environmental Protection, England And Wales
The Waste (England and Wales) Regulations 2011
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 19991consulted—
(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 designated2for the purposes of the European Communities Act 19723in relation to the environment. The Welsh Ministers are designated4for 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 19995, to paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and to section 59(3) of the Government of Wales Act 20066.
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.
PART 1
General
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Waste (England and Wales) Regulations 2011.
(2) Subject to paragraph (3), they come into force on the day after the day on which they are made.
(3) Regulation 12 comes into force at the end of the period of 6 months beginning with the day on which these Regulations are made.
(4) These Regulations extend to England and Wales.
Application
2. Subject to regulation 47(2), these Regulations do not apply in relation to waste which is excluded from the scope of the Waste Framework Directive by Article 2(1), (2) or (3) of that Directive.
Interpretation
3.—(1) In these Regulations—
“appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
“controlled waste” has the meaning given in section 75(4) of the Environmental Protection Act 19907;
“hazardous waste”—
(a) in relation to England has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 20058;
(b) in relation to Wales has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 20059;
“national waste management plan” means a waste management plan prepared by an appropriate authority;
“waste collection authority” means an authority which is a waste collection authority for the purposes of Part 2 of the Environmental Protection Act 199010;
“the Waste Framework Directive” means Directive 2008/98/ECof the European Parliament and of the Council on waste11;
“waste management plan” has the meaning given in regulation 7(1);
“waste prevention programme” has the meaning given in regulation 4(1) and (2).
(2) Terms which are used but not defined in these Regulations and are used in the Waste Framework Directive have the same meaning as in that Directive.
PART 2
Waste prevention programmes
Establishment of waste prevention programmes
4.—(1) The appropriate authority must, not later than 12th December 2013—
(a)
(a) evaluate the usefulness of the waste prevention measures set out as examples in Annex IV of the Waste Framework Directive and any other such measures the authority thinks fit; and
(b)
(b) establish one or more programmes of waste prevention measures (each a “waste prevention programme”).
(2) A programme established before the coming into force of these Regulations may be a waste prevention programme.
(3) In this regulation, “waste prevention measures” means measures taken before a substance, material or product has become waste that reduce—
(a)
(a) the quantity of waste, including through the re-use of products or the extension of the life span of products;
(b)
(b) the adverse impacts of generated waste on the environment and human health; or
(c)
(c) the content of harmful substances in materials and products.
Purposes etc. of waste prevention programmes
5. The appropriate authority must ensure that a waste prevention programme—
(a) is compatible with the objectives in paragraphs 1 and 2 of Schedule 1;
(b) has as its purpose a contribution towards breaking the link between economic growth and the environmental impacts associated with the generation of waste;
(c) is expressed in writing and—
(i) sets out the objectives of the programme and a description of existing waste prevention measures; and
(ii) if it is integrated into a waste management plan or other programme, clearly identifies the programme’s waste prevention measures.
Monitoring and evaluation of waste prevention programmes
6.—(1) An appropriate authority—
(a)
(a) must establish qualitative or quantitative benchmarks; and
(b)
(b) may establish qualitative or quantitative targets and indicators,
against which to assess the value of waste prevention programmes.
(2) An appropriate authority must publish the benchmarks and any targets or indicators it establishes.
PART 3
Waste management plans
Requirement for waste management plans
7.—(1) The appropriate authority must ensure that there are one or more plans containing policies in relation to waste management in England or Wales, as the case may be (each a “waste management plan”).
(2) A waste management plan may form part of a document and, where this is the case, any requirement of law in relation to the plan applies only to that part.
(3) In this Part—
(a)
(a) “England” includes the sea adjacent to England out as far as the seaward boundary of the territorial sea;
(b)
(b) “Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;
(c)
(c) the sea adjacent to England is so much of the sea adjacent to Great Britain as is not the sea adjacent to Wales or the sea adjacent to Scotland;
(d)
(d) the sea adjacent to Wales has the same meaning as it has by virtue of section 158(3) or (4) of the Government of Wales Act 200612; and
(e)
(e) the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland by virtue of section 126(2) of the Scotland Act 199813.
Content of waste management plans
8.—(1) The appropriate authority must ensure that the waste management plans (taken together) cover the whole of England or Wales, as the case may be.
(2) The appropriate authority must ensure that the waste management plans (taken together)—
(a)
(a) include a statement of the authority’s policies for attaining the objectives specified in Part 1 of Schedule 1; and
(b)
(b) include the matters set out in Part 2 of Schedule 1.
(3) The appropriate authority must consider, in particular, whether the matters set out in Part 3 of Schedule 1 should be included in the waste management plans.
(4) An appropriate authority must ensure that the waste management plans conform to the strategy for the reduction of biodegradable waste going to landfill—
(a)
(a) in relation to England, required by section 17(1) of the Waste and Emissions Trading Act 200314;
(b)
(b) in relation to Wales, required by section 19(1) of that Act.
(5) A statement of policy made before the coming into force of these Regulations may be, or form part of, a waste management plan.
PART 4
Waste prevention programmes and waste management plans: general provision
Directions to the Environment Agency
9.—(1) The appropriate authority may give directions to the Environment Agency requiring it—
(a)
(a) to advise the authority on the measures or policies which are to be included in a waste prevention programme or waste management plan;
(b)
(b) to carry out a survey or investigation into any other matter in connection with the preparation of such a programme or plan or any modification of it, and report its findings to the authority.
(2) A direction given under paragraph (1)(b)—
(a)
(a) must specify or describe the matters which are to be the subject of the survey or investigation;
(b)
(b) may specify bodies or persons to be consulted before carrying out the survey or investigation; and
(c)
(c) may make provision in relation to the manner in which—
(i) the survey or investigation is to be carried out; or
(ii) the findings are to be reported and made available.
(3) The Environment Agency must comply with a direction given under paragraph (1).
(4) Where a direction is given under paragraph (1)(b), the Environment Agency must also consult any body or person that it considers appropriate but is not specified in the direction.
(5) The Environment Agency must make its findings available to the bodies and persons it consults.
Review and modification of programmes and plans
10.—(1) The appropriate authority—
(a)
(a) must review each waste prevention programme and national waste management plan at least every sixth year;
(b)
(b) may from time to time modify a programme or plan.
(2) The appropriate authority must ensure that the Environment Agency and the bodies or persons mentioned in paragraph (3) are consulted during the...
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