The Controlled Waste (England and Wales) Regulations 2012

• Citation: S.I. 2012/811
• Sections: 21

Section 1 Citation, extent and commencement

(1) These Regulations may be cited as the Controlled Waste (England and Wales) Regulations 2012.

(2) They extend to England and Wales.

(3) They come into force on 6th April 2012.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Environmental Protection Act 1990;

“ appropriate agency ” means—

in relation to England, the Environment Agency;

in relation to Wales, the Natural Resources Body for Wales;

“ appropriate authority ” means—

in relation to England, the Secretary of State;

in relation to Wales, the Welsh Ministers;

“Directive waste” means anything that—

is waste within the meaning of Article 3(1) of the Waste Directive as read with Articles 5 and 6 of that Directive ; and

is not excluded from the scope of that Directive by Article 2(1), (2) or (3);

“ local authority ” means—

in England outside Greater London—

a district council,

a county council, or

the Council of the Isles of Scilly;

in Greater London—

the council of a London borough,

the Common Council of the City of London,

the Sub-Treasurer of the Inner Temple, or

the Under-Treasurer of the Middle Temple;

in Wales—

a county council, or

a county borough council;

“ Mining Waste Directive ” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, as read in accordance with regulation 2B;

“septic tank sludge” and “sludge” have the meaning given in regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989 ;

“Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 as read in accordance with regulation 2A .

Section 2A Modification of the Waste Directive

(1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England or Wales.

(3) Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “ assimilated law” ;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002 ” there were substituted “ Regulation (EC) No 1069/2009 ” ;

(iii) in point (d), for the words from “Directive 2006/21/EC ” to the end there were substituted “ the Mining Waste Directive ” ;

(iv) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(v) paragraph 4 were omitted.

(4) Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

(c) paragraphs 2 and 3 were omitted.

(5) Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate agency”;

(bb) “by competent authorities” were omitted.

(6) Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

(A1) In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC , as that list has effect in England or in Wales (as the case may be).

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC , be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c) paragraphs 2, 3, 6 and 7 were omitted.

(7) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Section 2B Modification of the Mining Waste Directive

(1) For the purposes of these Regulations, the Mining Waste Directive is to be read as follows.

(2) A reference to one or more member States imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England or Wales.

(3) Article 2 is to be read as if—

(a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with regulation 2C;

(b) paragraphs 3 and 4 were omitted.

(4) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EC ” there were substituted “ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ” .

Section 2C Modifications to the Water Framework Directive

(1) For the purposes of regulation 2B(3)(a), Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy is to be read as if—

(a) the reference to “Member States” were a reference to the appropriate authority or appropriate agency;

(b) in the words after the final indent, “environmental objectives”—

(i) in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

(ii) in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii) in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those regulations.

(2) In paragraph (1)(b), “ the WFD Regulations ” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Section 3 Waste which is not to be treated as household waste, industrial waste or commercial waste

(1) Waste which is not Directive waste is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the Act.

(2) The following waste (where it is Directive waste) is not to be treated as household waste, industrial waste or commercial waste for the purposes of Part 2 of the Act—

(a) sewage, sludge or septic tank sludge which is treated, kept or disposed of (otherwise than by means of mobile plant) within the curtilage of a sewage treatment works as an integral part of the operation of those works;

(b) sludge which is supplied or used in accordance with the Sludge (Use in Agriculture) Regulations 1989;

(c) septic tank sludge which is used on agricultural land within the meaning of those Regulations.

(3) Animal by-products (where they are Directive waste) which are collected and transported in accordance with Article 21(1) to (3) of the Animal By-Products Regulation are not to be treated as household waste, industrial waste or commercial waste for the purposes of section 34 of the Act.

(4) In this regulation—

(a) “animal by-products” has the meaning given in Article 3(1) of the Animal By-Products Regulation;

(b) “the Animal By-Products Regulation” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) .

Section 4 Household, industrial and commercial waste

Subject to regulation 3 and regulation 4A , Schedule 1 (household, industrial and commercial waste) has effect.

Section 4A Restriction on charging for disposal of waste

(1) This regulation applies in England only.

(2) Nothing in regulation 4 has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste if the first and second conditions are satisfied.

(3) The first condition is that no charge would have been payable under section 45(4) of the Act for the disposal of that waste had it been collected under section 45(1) of the Act before 6th April 2012.

(4) The second condition is that the waste is from a hereditament as regards which the person is subject to a non-domestic rate under section 43(1) of the Local Government Finance Act 1988, for which the chargeable amount payable is calculated in accordance with section 43(4A)(a) of that Act.

Section 5 Litter and refuse

Part 2 of the Act has effect as if references to controlled waste collected under section 45 include references to litter and refuse collected under sections 89(1)(a) and (c), 92(9) and 92C(3) of the Act .

Section 6 Amendments to other legislation

Schedule 2 (amendments to other legislation) has effect.

Section 7 Revocation

The following Regulations are revoked in England and Wales—

(a) the Waste Management Licensing (Amendment etc. ) Regulations 1995 ;

(b) the Controlled Waste Regulations 1992 .

Section 1 Interpretation

In this Schedule—

“camp site” means land on which tents are pitched for the purpose of human habitation and land the use of which is incidental to that purpose;

“charity shop” means a hereditament used wholly or mainly for the sale of goods donated to a charity where the proceeds of sale (after deduction of expenses) are applied for the purposes of a charity;

“clinical waste” means waste from a healthcare activity (including veterinary healthcare) that—

contains viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living organisms,

contains or is contaminated with a medicine that contains a biologically active pharmaceutical agent, or

is a sharp, or a body fluid or other biological material (including human and animal tissue) containing or contaminated with a dangerous substance within the meaning of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time,

and waste of a similar nature from a non-healthcare activity;

“composite hereditament” has the same meaning as in section 64(9) of the Local Government Finance Act 1988 ;

“construction” includes improvement, repair or alteration;

“factory” has the meaning given in section 175 of the Factories Act 1961 ;

“general medical practitioner” means a person registered in the General Practitioner Register kept by the General Medical Council under section 34C of the Medical Act 1983 ;

“gypsies and travellers”—

in relation to England, has the same meaning as in regulation 2 of the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (England) Regulations 2006 ;

in relation to Wales, has the same meaning as in regulation 2 of the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007 ;

“hazardous waste”—

in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ;

in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ;

“not for profit body” means a body which, by virtue of its constitution or any enactment—

is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes; and

is prohibited from directly or indirectly distributing among its members any part of its assets (otherwise than for charitable or public purposes);

“offensive waste” means waste that—

is not clinical waste,

contains body fluids, secretions or excretions, and

falls within the description of code 18 01 04, 18 02 03 or 20 01 99 in the list of wastes established by Commission Decision 2000/532/ EC replacing Decision 94/3/ EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/ EEC on waste and Council Decision 94/904/ EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/ EEC on hazardous waste, as amended from time to time;

“place of worship” means a hereditament exempt from local non-domestic rating by virtue of paragraph 11 of Schedule 5 to the Local Government Finance Act 1988 ;

“scientific research association” has the meaning given in section 469 of the Corporation Tax Act 2010 ;

“scrap metal” has the meaning given in section 9(2) of the Scrap Metal Dealers Act 1964 ;

“vessel” includes a hovercraft within the meaning of section 4(1) of the Hovercraft Act 1968 ;

“waste oil” means any mineral or synthetic lubrication or industrial oil which is unfit for its original purpose.

Section 2 Sources of household, industrial and commercial waste

(1) This paragraph describes waste which is to be treated as household waste, industrial waste or commercial waste because of the place where it is produced.

(2) The second column of the table describes the places at which waste is produced.

(3) The waste must be treated for the purposes of Part 2 of the Act as the type of waste mentioned in the third column, subject to any exception in the fourth column.

(4) But in a case where paragraph 3 or 4(3) requires waste to be treated inconsistently with sub-paragraph (3) , the requirements of those paragraphs take precedence.

Classification by place of production

Section 3 Nature of waste and activities producing waste

(1) This paragraph describes waste which is to be treated as household waste, commercial waste or industrial waste because of its nature or the activity which produces it notwithstanding the place where it is produced.

(2) The second column of the table describes the nature of the waste or the activity which produces it.

(3) The waste must be treated for the purposes of Part 2 of the Act as the type of waste mentioned in the third column, subject to any exception in the fourth column.

(4) But in a case where paragraph 4(3) requires waste to be treated inconsistently with sub-paragraph (3) , the requirements of that paragraph take precedence.

Classification by nature of waste or activity producing waste

Hazardous waste arising from the following activities carried on at premises used for the purposes of a trade or business—

mixing or selling paints;

sign writing;

laundering or dry cleaning;

developing photographic film or making photographic prints;

selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar substances;

selling pesticides, herbicides or fungicides

Where the waste is produced at the following places it is to be treated as household waste—

a residential home;

domestic property, a caravan or land belonging to or used in connection with such a place;

a private garage which has a floor area of 25m 2 or less or is used wholly or mainly for the accommodation of a private motor vehicle;

private storage premises used wholly or mainly for the storage of articles of domestic use;

a vehicle or vessel used wholly for the purposes of living accommodation, except where it is used in the course of a business for the provision of self-catering accommodation

(a) section 34(2) and (2A) of the Act (disapplication of section 34(1) and duty on the occupier of domestic property to transfer household waste only to an authorised person or for authorised transport purposes); and

(b) section 51 of the Act (functions of waste disposal authorities) but only where—

(i) the waste is produced at a domestic property by occupiers of that domestic property carrying out their own construction or demolition works, including preparatory works;

(ii) the waste is not from construction or demolition works, including preparatory works, for which payment has been or is to be made;

(iii) the amount of waste delivered to any waste disposal site in a single visit is either—

(a) less than 100 litres and capable of being fitted into two 50 litre bags, or

(b) a single article of waste no larger than 2000mm x 750mm x 700mm in size; and

(iv) the waste delivered to waste deposit sites does not exceed four single visits per household in any four week period

Clinical waste and offensive waste produced at domestic property, a residential home, a caravan or a vehicle or vessel used wholly for the purposes of living accommodation is to be treated as household waste, except that where such a vehicle or vessel is used in the course of a business for the provision of self-catering accommodation, such waste is to be treated as commercial waste

Clinical waste and offensive waste collected under section 22(3) of the Control of Pollution Act 1974 or section 89, 92(9), 92C(3) or 93 of the Act is to be treated as household waste or commercial waste in accordance with entries 1 to 6

Section 4 Household waste for which collection and disposal charges may be made

(1) The second column of the table in this paragraph describes waste which is household waste (by virtue of section 75(5) of the Act) or waste which is to be treated as household waste (by virtue of paragraph 2 or 3 ).

(2) The third column indicates which household waste is prescribed for the purposes of section 45(3) of the Act (cases in respect of which a charge for collection may be made).

(3) Subject to sub-paragraphs (5) and sub-paragraph (8), the fourth column indicates which waste must be treated as commercial waste for the purposes of the following provisions of the Act—

(a) section 45(4) to the extent that it concerns liability to pay a reasonable charge for disposal of commercial waste and the recovery of such a charge; and

(b) section 52(9) (which entitles waste disposal authorities to reimbursement by waste collection authorities in relation to costs incurred in arranging the disposal of commercial and industrial waste).

(4) Sub-paragraphs (5) to (8) apply Sub-paragraph (8) applies in England only.

(5) Nothing in sub-paragraph (3) has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste if the first and second conditions are satisfied.

(6) The first condition is that no charge would have been payable under section 45(4) of the Act for the disposal of that waste had it been collected under section 45(1) of the Act before the coming into force of these Regulations.

(7) The second condition is that the waste is from a hereditament as regards which the person is subject to a non-domestic rate under section 43(1) of the Local Government Finance Act 1988 , for which the chargeable amount payable is calculated in accordance with section 43(4A)(a) of that Act .

(8) In relation to entry 15 of the table (waste from premises forming part of a university, school or other educational establishment), nothing in sub-paragraph (4) sub-paragraph (3) has the effect of making a person liable to pay a charge under section 45(4) of the Act for the disposal of waste from premises forming part of—

(a) a school maintained by a local authority (within the meaning of section 142(1) of the School Standards and Framework Act 1998 ),

(b) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992 ), or

(c) an Academy (within the meaning of section 1(10) of the Academies Act 2010 ),

if, immediately before the coming into force of these Regulations, the collection of waste from those premises was being undertaken pursuant to arrangements made under section 45(1) of the Act.

Collection and disposal charges

Section 1 The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005

Omit regulation 4 of the Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 .

Section 2 The Waste (Household Waste Duty of Care) (Wales) Regulations 2006

Omit regulation 2(2) in the Welsh and English texts of the Waste (Household Waste Duty of Care) (Wales) Regulations 2006 .

Section 3 The Waste Management (England and Wales) Regulations 2006

Omit regulation 5 of the Waste Management (England and Wales) Regulations 2006 .

Section 4 The Environmental Permitting (England and Wales) Regulations 2007

Omit paragraphs 33 and 36 of Schedule 21 to the Environmental Permitting (England and Wales) Regulations 2007 .

Section 5 The Environmental Permitting (England and Wales) Regulations 2010

In regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2010 , in the definition of “excluded waste operation”, for “regulation 7(1) of the Controlled Waste Regulations 1992, substitute “regulation 3(2) of the Controlled Waste (England and Wales) Regulations 2012”.

Section 6 The Animal By-Products (Enforcement) (England) Regulations 2011

Omit paragraph 2 of Schedule 2 to the Animal By-Products (Enforcement) (England) Regulations 2011 .