The Waste Management (England and Wales) Regulations 2006
2006 No. 937
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Waste Management (England and Wales) Regulations 2006
Made 28th March 2006
Laid before Parliament 30th March 2006
Coming into force 15th May 2006
The Secretary of State has been designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and in relation to measures relating to the prevention, reduction and elimination of pollution of water.
She makes the following Regulations in exercise of the powers conferred upon her by that section and by section 1(3)(a) of the Control of Pollution (Amendment) Act 19893and sections 33(3), 75(8) and 156 of the Environmental Protection Act 19904(having in particular had regard in exercising her powers under section 33(3) of that Act to the matters specified in section 33(4) of that Act):
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Waste Management (England and Wales) Regulations 2006.
(2) These Regulations come into force on 15th May 2006.
(3) These Regulations extend to England and Wales only.
Amendment of the Environmental Protection Act 1990
2.—(1) The Environmental Protection Act 1990 is amended as follows.
(2) In section 33 (prohibition on unauthorised or harmful depositing, treatment or disposal etc. of waste)—
(a)
(a) for subsection (2), substitute—
“2 Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.
2A Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.”;
(b)
(b) at the beginning of subsection (8)5, insert “Subject to subsection (9) below,”;
(c)
(c) after subsection (8), insert—
“9 A person (other than an establishment or undertaking) who commits a relevant offence shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to a fine.
10 In this section, “relevant offence” means an offence under this section in respect of a contravention of subsection (1)(c) above consisting of the treatment, keeping or disposal within the curtillage of a domestic property of household waste from that property.”.
(3) In section 33B6(section 33 offences: clean-up costs)—
(a)
(a) at the beginning of subsection (5), insert “Subject to subsection (6) below,”;
(b)
(b) after subsection (5), insert—
“6 Subsection (5) above does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.”.
(4) In section 33C7(section 33 offences: forfeiture of vehicles)—
(a)
(a) at the beginning of subsection (1), insert “Subject to subsection (1A) below,”;
(b)
(b) after subsection (1), insert—
“1A This section does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.”.
(5) Sections 63(1) and 63(4) (waste other than controlled waste) are repealed.
(6) In section 758(meaning of “waste” and household, commercial and industrial waste and hazardous waste)—
(a)
(a) at the end of subsection (6)(c), omit “or”;
(b)
(b) at the end of subsection (6)(d), add—
“; or
(e)
(e) any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 19479”;
(c)
(c) at the end of subsection (7)(b), add “and”;
(d)
(d) subsection (7)(c) is repealed;
(e)
(e) in subsection (8), omit “but no regulations shall be made in respect of such waste as is mentioned in subsection (7)(c) above”;
(f)
(f) at the end of subsection (12)(a), omit “and”; and
(g)
(g) at the end of subsection (12)(b), add—
“;
(c)
(c) the decision of the European Commission, dated 24th May 199610, adapting Annexes IIA and IIB to directive 75/442/EECon waste11; and
(d)
(d) EC Regulation No. 1882/2003 of the European Parliament and the Council dated 29th September 200312”.
Amendment of the Environment Act 1995
3.—(1) Section 41 of the Environment Act 199513(power to make schemes imposing charges) is amended as follows.
(2) After subsection (2), insert—
“2A But, in relation to a relevant environmental licence, charges may not be prescribed in respect of waste from premises used for agriculture within the meaning of the Agriculture Act 1947.”.
(3) In subsection (10), after the definition of “authorised activity”, insert—
““relevant environmental licence” means any registration mentioned in paragraph (j) of the definition of “environmental licence” which applies in relation to the Agency”.
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
4.—(1) Regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 199114(exemption from registration) is amended as follows.
(2) In paragraph (1), for sub-paragraph (i), substitute—
“(i)
“(i) a person who transports controlled waste which comprises only animal by-products collected and transported in accordance with Article 7(1) or 7(2) of the Community Regulation; and
(j)
(j) a person who transports controlled waste which comprises only mines or quarries waste or agricultural waste”.
(3) In paragraph (2)—
(a)
(a) for the definition of “animal by-products”, substitute—
““animal by-products” has the same meaning as in the Community Regulation;”;
(b)
(b) omit the definition of “knacker’s yard licence”;
(c)
(c) insert the following definitions at the appropriate places—
““agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947;”
““the Community Regulation” has the same meaning, in relation to England and Wales, as in regulation 2(1) of the Animal By-Products Regulations 200515;” and
““mines or quarries waste” means waste from a mine or quarry;”.
Amendment of the Controlled Waste Regulations 1992
5.—(1) The Controlled Waste Regulations 199216are amended as follows.
(2) Omit regulation 1(4)(a).
(3) Omit regulation 3(1).
(4) In regulation 7 (waste not to be treated as industrial or commercial waste), for paragraphs (3) and (4), substitute—
“3 Section 34 (duty of care etc. as respects waste) does not apply to waste which comprises animal by-products collected and transported in accordance with Article 7(1) or 7(2) of the Community Regulation.
4 In this regulation, “Community Regulation” has the same meaning, in relation to England and Wales, as in regulation 2(1) of the Animal By-Products Regulations 2005 and “animal by-products” has the same meaning as in the Community Regulation.”
(5) In Schedule 3 (waste to be treated as industrial waste), at the end, insert—
“19 Any other waste which is Directive Waste, with the exception of any waste which is expressed by any other provision of these Regulations or section 75(5) or (7) of the Act to be household waste or commercial waste.”.
Amendment of the Waste Management Licensing Regulations 1994
6.—(1) The Waste Management Licensing Regulations 199417are amended as follows.
(2) In regulation 1(3) (interpretation) —
(a)
(a) at the end of the definition of “the Directive”, add “, Commission Decision 96/350/ECand Regulation (EC) No 1882/2003”; and
(b)
(b) insert the following definitions at the appropriate places—
““agricultural waste” means, in relation to England and Wales, waste from premises used for agriculture within the meaning of the Agriculture Act 1947;” and
““mines or quarries waste” means, in relation to England and Wales, waste from a mine or quarry;”.
(3) Regulation 15 (groundwater) is revoked.
(4) In regulation 16 (exclusion of activities under other control regimes from waste management licensing)–
(a)
(a) at the end of paragraph (1)(c), omit “and”; and
(b)
(b) at the end, insert—
“; and
(e)
(e) the disposal of agricultural waste in or on land under an authorisation under regulation 18 of the Groundwater Regulations 199818;”.
(5) In regulation 18 (registration in connection with exempt activities)—
(a)
(a) omit paragraphs (1A) and (1B)19;
(b)
(b) omit paragraph (10)(b); and
(c)
(c) for paragraph (10)(c), substitute—
“(c)
“(c) in the case of an exempt activity falling within paragraph 23 of Schedule 3—
(i) in England, the authority responsible for granting an authorisation under which the exempt activity is carried on under regulation 27 of the Animal By-Products Regulations 2005; and
(ii) in Wales, the authority responsible for granting an authorisation under which the exempt activity is carried on under regulation 27 of the Animal By-Products (Wales) Regulations 200320;”.
(6) After regulation 18AA, insert—
“Records in relation to exempt activities
18A.—(1) An establishment or undertaking carrying on an exempt activity to which this regulation applies shall keep records of the quantity, nature, origin and, where relevant, destination and treatment method of all waste recovered in the course of that activity.
(2) This regulation—
(a)
(a) applies to an activity falling within paragraph 47 of Schedule 321; but
(b)
(b) does not apply where that activity is carried out on land subject to an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 199822.
(3) Records required under this regulation shall be kept for a period of at least two years and shall be made available to the appropriate registration authority on request.
(4) A person who fails...
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