UK Statutory Instrument SI 2011 England and Wales

Waste (England and Wales) Regulations 2011

These Regulations transpose, for England and Wales, Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No. L 312, 22.11.2008, p3).

Enforced by
Environment Agency, OEP, DEFRA, NRW
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 1 of 24 obligations carry an unlimited fine. 1 carries different penalties and 22 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person6 Operator2 Director or Officer1

Plus 15 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent
s.003 Interpretation
s.modification of directive 2000/60/ec of the europe Modification of Directive 2000/60/EC of the European Parliament and of the Council
s.modification of the industrial emissions directive Modification of the Industrial Emissions Directive
s.modification of the landfill directive Modification of the Landfill Directive
s.modification of the mining waste directive Modification of the Mining Waste Directive
s.modification of the waste framework directive Modification of the Waste Framework Directive
Part 2

Waste prevention programmes

2 of 3 sections shown
s.004 Establishment of waste prevention programmes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must establish and evaluate waste prevention programmesCrown / Minister / Government department
s.006 Monitoring and evaluation of waste prevention programmes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must set and publish waste prevention targetsCrown / Minister / Government department
1 other section in this Part — procedural and definitional
s.005 Purposes etc. of waste prevention programmes
Part 3

Waste management plans

2 of 2 sections shown
s.007 Requirement for waste management plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must maintain national waste management plansCrown / Minister / Government department
s.008 Content of waste management plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must ensure waste management plans cover all of England and WalesCrown / Minister / Government department
Part 4

Waste prevention programmes and waste management plans: general provision

1 of 3 sections shown
s.009 Directions to the Environment Agency (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State and Welsh Ministers may direct environmental bodiesCrown / Minister / Government department
2 other sections in this Part — procedural and definitional
Part 5

Duties in relation to waste management and improved use of waste as a resource

4 of 5 sections shown
s.012 Duty in relation to the waste hierarchy (opens in a new tab) Prosecution
  • Apply the waste hierarchy priority order to waste managementAny Person

Unlimited fine

s.013 Duties in relation to collection of waste (opens in a new tab) Regulated
  • Collect paper, metal, plastic, and glass separately for recyclingAny Person
s.014 Duty in relation to collected waste (opens in a new tab) Regulated
  • Keep separately collected waste separateAny Person
s.015 Guidance (opens in a new tab) Regulated
  • Follow official guidance when carrying out waste dutiesAny Person
1 other section in this Part — procedural and definitional
s.interpretation: wales Interpretation: Wales
Part 6

Duties of planning authorities

2 of 5 sections shown
s.018 Exercise of planning functions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must follow Waste Framework Directive standardsLocal authority
s.019 Inspections (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must conduct periodic inspections of waste sitesLocal authority
3 other sections in this Part — procedural and definitional
Part 7

Deposits in the sea

2 of 3 sections shown
s.022 Exercise of offshore licensing functions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authorities must follow waste hierarchy and plans for offshore licensingCrown / Minister / Government department
s.023 Inspections (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must conduct periodic inspections of offshore waste sitesStatutory regulator
1 other section in this Part — procedural and definitional
Part 8

Registration of carriers, brokers and dealers

5 of 11 sections shown
s.025 Registration of brokers and dealers in controlled waste (opens in a new tab) Regulated
  • Register as a waste broker or dealerAny Person
s.028 The register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency and NRW must maintain a register of waste businessesStatutory regulator
s.029 Procedure for registration (opens in a new tab) Regulated
  • Register as a waste carrier, broker, or dealerOperator
s.030 Updating the register (opens in a new tab) Regulated
  • Update your waste carrier, broker, or dealer registration detailsOperator
s.034 Inspections (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must conduct periodic inspections of waste carriers, brokers and dealersStatutory regulator
6 other sections in this Part — procedural and definitional
Part 9

Transfer of waste

1 of 1 section shown
s.035 Waste information (opens in a new tab) Regulated
  • Complete and retain waste transfer notes for controlled wasteAny Person
Part 10

Enforcement

2 of 10 sections shown
s.044 Offences by bodies corporate, partnerships and unincorporated associations (opens in a new tab) Imprisonment
  • Personal liability for directors and officers for waste offencesDirector or Officer
s.045 Proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must issue a notice before prosecuting for waste registration breachesStatutory regulator
8 other sections in this Part — procedural and definitional
Part 10

Authority to transport controlled waste

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.specified requirements under section 5 of the cont Specified requirements under section 5 of the Control of Pollution (Amendment) Act 1989
Part 11

Final provisions

2 of 4 sections shown
s.046 Registration: reduction of administrative burden (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must use existing data to simplify waste registrationsStatutory regulator
s.049 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review waste regulations every five yearsCrown / Minister / Government department
2 other sections in this Part — procedural and definitional
Schedules

Schedules

1 of 100 shown
s.001 Waste prevention programmes and waste management plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must create and maintain national waste management plansCrown / Minister / Government department
99 other schedules
s.sch001 Overall objective
s.sch001 Policies in relation to re-use
s.sch001 Preparing for re-use and recycling targets and landfill reduction targets
s.sch001 (1) This Part applies to a waste management plan that—...
s.sch001 Matters which may be included in a waste management plan
s.sch001 Interpretation
s.sch001 Public participation procedures
s.sch001 Procedures following public participation
s.sch001 The waste prevention measures referred to in regulation 5(c)(iii) are...
s.sch001 The economic instruments and other measures referred to in paragraph...
s.sch001 Application of the waste hierarchy
s.sch001 Protection of human health and the environment
s.sch001 Principles of self-sufficiency and proximity
s.sch001 Analysis of the current waste management situation etc.
s.sch001 General policies in relation to waste and litter
s.sch001 Policies in relation to packaging waste
s.sch001 Policies in relation to separate collection of waste
s.sch001 Policies in relation to bio-waste
s.sch002 The Hazardous Waste (England and Wales) Regulations 2005 are amended...
s.sch002 In regulation 20(1)(a), omit “or a registered exemption”.
s.sch002 In regulation 35— (a) omit paragraphs (1)(c) and (4);
s.sch002 In regulation 36(1), for “38” substitute “ 39 ”.
s.sch002 Omit regulation 38.
s.sch002 In regulation 42— (a) in paragraph (1), for “regulations 43...
s.sch002 In regulation 43(1), omit “other than a case to which...
s.sch002 Omit regulation 44.
s.sch002 In regulation 47— (a) after paragraph (5)(b), omit “and”;
s.sch002 In regulation 48— (a) in paragraph (3)(c), for “Annex IIA...
s.sch002 In regulation 49— (a) in paragraph (1), for “consignor of...
s.sch002 For regulation 2, substitute— The Waste Directive and the meaning...
s.sch002 In regulation 50(3), after “entered”, insert “ chronologically ”.
s.sch002 In regulation 51(2)(a), omit— (a) “multiple consignment notes and”; and...
s.sch002 In regulations 52(1) and 55(3), for “Annex IIA or Annex...
s.sch002 Omit regulation 57.
s.sch002 In regulation 60— (a) in paragraph (1), for “Article 5”,...
s.sch002 In regulation 65(c), for “44” substitute “ 43 ”.
s.sch002 In the table in regulation 65A(1), for “44” substitute “...
s.sch002 In regulation 69(1)(e), for “44” substitute “ 43 ”.
s.sch002 Omit Schedules 1, 2 and 6.
s.sch002 For Schedule 3, substitute the Schedule set out in Part...
s.sch002 For regulation 3, substitute— Annex III to the Waste Directive...
s.sch002 For Schedule 4, substitute the Schedule set out in Part...
s.sch002 In paragraph 4(3)(a) of Schedule 7, for “43 or 44”...
s.sch002 In paragraph 7 of Schedule 7— (a) in paragraph (1),...
s.sch002 In Schedule 11, omit paragraphs 3 to 6 and 9...
s.sch002 In regulation 4(1), in the definition of “the List of...
s.sch002 In regulation 5— (a) in paragraph (1)—
s.sch002 In regulation 8(1), for “Annexes I, II and III”, substitute...
s.sch002 In regulation 9— (a) in paragraph (1)—
s.sch002 In regulation 18— (a) after the words “it has been”,...
s.sch002 In regulation 19— (a) in paragraph (1), for “(2) and...
s.sch003 The Environmental Permitting (England and Wales) Regulations 2010 are amended...
s.sch003 In Schedule 10, for paragraph 5(1)(d), substitute—
s.sch003 In paragraph 2 of Schedule 11, in each definition of...
s.sch003 In paragraph 2(2)(c) of Schedule 12, for “Article 1(1)(a)”, substitute...
s.sch003 In paragraph 2 of Schedule 21, in paragraph (a) of...
s.sch003 In Part 1 of Schedule 25— (a) omit the definitions...
s.sch003 Omit Part 2 of Schedule 25.
s.sch003 In regulation 2— (a) in paragraph (1), for the definition...
s.sch003 In regulation 3, for the definition of “the Waste Framework...
s.sch003 (1) Regulation 72 is renumbered as paragraph (1) of that...
s.sch003 In Part 2 of Schedule 1— (a) in paragraph 1...
s.sch003 In Schedule 2— (a) omit paragraph 2(3);
s.sch003 In Section 2 of Chapter 2 of Part 1 of...
s.sch003 In section 2 of Chapter 3 of Part 1 of...
s.sch003 In Schedule 9— (a) for paragraph 4 substitute— Exercise of...
s.sch004 The Control of Pollution (Amendment) Act 1989
s.sch004 The Environment Act 1995 (Consequential Amendments) Regulations 1996
s.sch004 The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
s.sch004 The Town and Country Planning (Development Plan) (England) Regulations 1999
s.sch004 The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
s.sch004 The Town and Country Planning (London Spatial Development Strategy) Regulations 2000
s.sch004 The Packaging (Essential Requirements) Regulations 2003
s.sch004 The End-of-Life Vehicles Regulations 2003
s.sch004 The Town and Country Planning (Local Development) (England) Regulations 2004
s.sch004 The Landfill Allowances and Trading Scheme (England) Regulations 2004
s.sch004 The End-of-Life Vehicles (Producer Responsibility) Regulations 2005
s.sch004 The Town and Country Planning Act 1990
s.sch004 The List of Wastes (England) Regulations 2005
s.sch004 The Waste Management (England and Wales) Regulations 2006
s.sch004 The Waste Electrical and Electronic Equipment Regulations 2006
s.sch004 The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
s.sch004 The Transfrontier Shipment of Waste Regulations 2007
s.sch004 The Environmental Permitting (England and Wales) Regulations 2007
s.sch004 The Town and Country Planning (Mayor of London) Order 2008
s.sch004 The Batteries and Accumulators (Placing on the Market) Regulations 2008
s.sch004 The Environmental Damage (Prevention and Remediation) Regulations 2009
s.sch004 The Renewables Obligation Order 2009
s.sch004 The Environmental Protection Act 1990
s.sch004 The Waste Batteries and Accumulators Regulations 2009
s.sch004 The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
s.sch004 The Environment Act 1995
s.sch004 The Greater London Authority Act 1999
s.sch004 The Waste and Emissions Trading Act 2003
s.sch004 The Government of Wales Act 2006
s.sch004 The Town and Country Planning (Use Classes) Order 1987
s.sch004 The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
3 other provisions
s.para.108 SCHEDULE 3 Annex III to the Waste Directive Regulation 3 Properties...
s.para.109 SCHEDULE 4 Regulation 35(2)
s.para.156 The following instruments are revoked to the extent specified. Regulations...

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