Waste legislation

Waste legislation for England controls the generation, transportation and disposal of waste within the European Union and the shipment of waste into and out of the EU. It covers controlled waste, duty of care, registration of carriers and brokers, environmental permitting, landfill, hazardous waste, producer responsibility, packaging waste, end-of-life vehicles, waste electrical and electronic equipment (WEEE) and the transfrontier shipment of waste.

• Environment Act 1995 (Environment Agency and Local Authority)
  Establishes the Environment Agency and SEPA as the regulating bodies for contaminated land, abandoned mines, national parks, control of pollution, conservation of natural resources, conservation or enhancement of the environment, and fisheries. 
  
• Environmental Protection Act 1990 (Environment Agency and Local Authority) 
  Defines within England, Scotland and Wales the legal framework for duty of care for waste, contaminated land and statutory nuisance.
  
• The Controlled Waste (England and Wales) Regulations 2012 SI 811  (Environment Agency and Local Authority)
  Revokes the Controlled Waste Regulations 1992 (SI 1992/588) and the Waste Management Licensing (Amendments etc) Regulations 1995. Classifies waste as household, industrial or commercial waste, and lists the types of waste for which local authorities may make a charge for collection and disposal. Amends a number of regulations. 
  
• The Controlled Waste (England and Wales) (Amendment) Regulations 2012 SI 2320 (Environment Agency and Local Authorities)
  Amends The Controlled Waste (England and Wales) Regulations 2012 and only apply in England. 
  
• Revised Waste Framework Directive 2008/98/EC
  Aims to protect the environment and human health by setting out a waste management framework. Key definitions include the principles of the waste hierarchy. The Revised Waste Framework Directive has now been implemented by the Waste (England and Wales) Regulations 2011.
  
• The Waste (England and Wales) Regulations 2011 SI 988 (Environment Agency and Local Authority)
  Revokes The Environmental Protection (Duty of Care) Regulations 1991, The Waste Management Licensing Regulations 1994, The Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations 1998 as they apply in England and Wales. Revokes the whole of The Environmental Protection (Duty of Care) (England) (Amendment) Regulations 2003 and The Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005. Requires businesses to apply the waste management hierarchy, introduces a two-tier system for waste carrier and broker registration, and excludes some categories of waste from waste controls. Amends the Hazardous Waste Regulations 2005.  
  
• The Waste (England and Wales) (Amendment) Regulations 2012 SI 1889 (Environment Agency and Local Authorities)
  Amend the Waste (England and Wales) Regulations 2011 to transpose the Revised Waste Framework Directive.
  
• Control of Pollution (Amendment) Act 1989 ( Environment Agency)
  Requires carriers of controlled waste to register with the Environment Agency or SEPA and outlines the penalties (including seizure and disposal) for vehicles shown to have been used for illegal waste disposal.  
  
• The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 SI 1624 (Environment Agency)
  Amended by The Waste (England and Wales) Regulations 2011. Provides for the seizure of vehicles used in waste offences.
  
• The Environmental Civil Sanctions (England) Order 2010 SI 1157 (Environment Agency)
  Allows the environmental regulator to impose civil sanctions on a business committing certain environmental offences, as an alternative to prosecution and criminal penalties of fines and imprisonment.
  
• The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 SI 1159 (Environment Agency and Local Authority)
  Allows the environmental regulator to impose civil sanctions on a business committing certain environmental offences, as an alternative to prosecution and criminal penalties of fines and imprisonment.
  
• Clean Neighbourhoods and Environment Act 2005 (Environment Agency and Local Authority)
  Introduces additional noise, litter and waste controls including site waste management plans, and classifies artificial lighting and insects as statutory nuisances. Introduces penalties for dumping waste.
  
• WEEE Directive 2012/19 (Environment Agency)
  The amendment corrects a defect in 2009/2957 by requiring producers of electrical and electronic equipment for domestic use to report details quarterly and annually for all other EEE.
  
• The Waste Electrical and Electronic Equipment (Amendment) Regulations 2010 SI 1155 (Environment Agency)
  Change some technical definitions in the Waste Electrical and Electronic Equipment Regulations 2006 relating to dangerous substances. 
  
• The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 SI 2957 (Environment Agency)
  Amends SI 2006/3289 simplifies the approval system for Producer Compliance Schemes and simplifies data reporting requirements in the Waste Electrical and Electronic Equipment Regulations 2006. 
  
• The Waste Electrical and Electronic Equipment (Amendment) (No.2) Regulations 2009 SI 3216 (Environment Agency)
   Amend reporting requirements placed on producers as defined by the Waste Electrical and Electronic Equipment Regulations 2006. 
  
• The Waste Electrical and Electronic Equipment Regulations 2006 SI 3289 (Environment Agency) 
  Aims to reduce the amount of WEEE sent to landfill and requires producers to take financial responsibility for the products they place on the market when they become waste. Amended by 2007 3454.
  
• The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 SI 3454 (Environment Agency)
  Amend the Waste Electrical and Electronic Equipment Regulations 2006 to encourage the prioritisation of reuse of whole electrical appliances in preference to recycling the materials from them.   
  
• The List of Wastes (England) Regulations 2005 SI 895 (Environment Agency) 
   Provides the European Waste Catalogue list of codes used to classify wastes.
  
• The List of Wastes (England) (Amendment) Regulations 2005 SI 1673 (Environment Agency)
  Amends 2005/895 to correct minor errors.
  
• The Hazardous Waste (England and Wales) Regulations 2005 SI 894 (Environment Agency)
  These Regulations set out the regime for the control and tracking of the movement of hazardous waste for the purpose of implementing the Hazardous Waste Directive (Directive 91/689/EC). The Regulations extend to England and Wales although the only provisions that apply to Wales are modifications to the Environmental Protection Act 1990 contained in Part 1.The Waste Regulations 2011 has amended Schedule 4. 
  
• The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 SI 507 (Environment Agency)
  These Regulations amend the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) (2005 Regulations), which implement Council Directive 91/689/EEC on hazardous waste (OJ No L 377, 31.12.1991, p 20). These Regulations apply in England only. 
  
• The Waste Management (England and Wales) Regulations 2006 SI 937 (Environment Agency)
  Extends controlled waste to cover mine, quarry and agricultural waste. Categorises waste as household, industrial or commercial. Bans householders from treating, keeping, disposing of controlled waste if it could pollute the environment.  
  
• EU Regulation 1013/2006 on shipments of waste
  Provides a framework for movement of wastes between countries.   
  
• The Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 SI 3087 (Environment Agency)
  Establishes a system of authorisation and approval for shipping radioactive waste and spent nuclear fuel between member states and into and out of the EU. 
  
• The Transfrontier Shipment of Waste (Amendment) Regulations 2008 SI 09 (Environment Agency) 
  Amends 2007/1711 by introducing new penalties for failing to provide proper documentation when exporting waste for recovery.
  
• The Site Waste Management Plans Regulations 2008 SI 314 (Environment Agency and Local Authority)
  Requires the preparation of a site waste management plan for any construction projects with an estimated cost of over £300,000. 
  
• The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012 SI 3082 (Environment Agency)
  These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 SI 871 which implement Article 6(1) of Council Directive 94/62/EC on packaging and packaging waste as amended by Directive 2004/12/EC.
  
• The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 SI 2849 (Environment Agency)  
  Establish waste recovery and recycling targets for 2011 and 2012 and amends  SI 2007/871. Makes a number of technical changes to reduce admin burdens and improve efficiency. Makes changes to the above in order to improve transparency of funding flows.
  
• Producer Responsibility Obligations (Packaging Waste) (Amendment No 2) Regulations 2008 SI 1941 (Environment Agency) 
  Amend SI 2007/871 by revising the requirements for accrediting an exporter of packaging waste, giving the Environment Agency more discretion as to what constitutes sound evidence of reprocessing. 
  
• Producer Responsibility Obligations (Packaging Waste) Regulations 2007 SI 871 (Environment Agency)
  To achieve requirements of EU Directive 94/62/EC (as amended) by setting packaging recycling targets on larger UK businesses. 
  
• The Packaging (Essential Requirements) (Amendment) Regulations 2009 SI 1504 (Local Authority Trading Standards)
  Amends 2003/1941 by removing 4th March 2009 expiry date for the derogation (permission to carry out an otherwise banned activity) on maximum heavy metal concentration levels for plastic crates or pallets.
  
• EU The Batteries and Accumulators and Waste Batteries and Accumulators Directive 2006/66/EC
  As amended by 2008/12/EC and 2008/103/EC improve the environmental performance of batteries and accumulators and minimise the impact that waste batteries and accumulators have on the environment.
  
• Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2012 SI 1139 (Environment Agency)
  These amend 2008/2164 by inserting a new regulation to give effect to the requirement for capacity labelling and the enforcement of this.
  
• The Waste Batteries and Accumulators Regulations 2009 SI 890 (Environment Agency)
  Establishes a legal framework and schemes for collecting, treating and recycling portable, industrial and vehicle batteries. Applies to all types of batteries except when used for military and space equipment.
  
• EU Industrial Emissions Directive 2010/75 (Environment Agency and Local Authority)
  Combines the following seven existing directives into one the Large Combustion Plant directive (LCPD); the Integrated Pollution Prevention and Control directive ( IPPCD); the Waste Incineration directive (WID); the Solvent Emissions directive (SED); and the three existing directives on Titanium dioxide on (i) disposal (78/176/EEC), (ii) monitoring and surveillance ( 82/883/EEC) and (iii) programs for the reduction of pollution (92/112/EEC).
  
• The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 SI 2043 (Environment Agency)
  Redefines 'radioactive material' and 'radioactive waste', and introduces a new set of exemptions from permitting radioactive substances and implement amendments in respect of carbon capture and storage.  
  
• The Environmental Permitting (England and Wales) (Amendment) Regulations 2012 SI 630 (Environment Agency)
  Amends the Environmental Permitting (England and Wales) Regulations 2010 and other legislation. Reduces regulatory requirements for some anaerobic digestion installations, mobile plant, and for burning waste-derived fuel that has ceased to be waste, makes it easier to transfer permits in certain situations, and makes minor amendments to certain exempt waste operations and radioactive substances activities.
  
• Landfill Directive 99/31/EC
  Aims to prevent or reduce as far as possible negative effects on the environment from the landfilling of waste, by introducing stringent technical requirements for waste and landfills. This has been implemented across the UK through the Waste and Emissions Trading Act 2003 and the Environmental permitting Regulations.
  
• The Control of Major Accident Hazards Regulations 2005 SI 1088 (HSE and the Environment Agency)
  The COMAH Regulations 2005 and subsequent amendments implement the Seveso II Directive. Land-use planning requirements are implemented by planning legislation.
  
• Seveso II Directive and the Control of Major Accident Hazard (COMAH) Regulations
  The Seveso II Directive aims to prevent major accidents involving dangerous substances and limit the consequences to people and the environment.
  
• The Control of Major Accident Hazards Regulations 2005 SI 1088 (HSE and the Environment Agency)
  The COMAH Regulations 2005 and subsequent amendments implement the Seveso II Directive. Land-use planning requirements are implemented by planning legislation.
  
• Landfill Directive 99/31/EC
  Aims to prevent or reduce as far as possible negative effects on the environment from the landfilling of waste, by introducing stringent technical requirements for waste and landfills. This has been implemented across the UK through the Waste and Emissions Trading Act 2003 and the Environmental permitting Regulations.
  
• Seveso II Directive and the Control of Major Accident Hazard (COMAH) Regulations
  The Seveso II Directive aims to prevent major accidents involving dangerous substances and limit the consequences to people and the environment.
  
• The Environmental Permitting (England and Wales) Regulations 2010 SI 675 (Environment Agency and Local Authority) 
  Provide a consolidated framework for environmental permits and exemptions for industrial activities, mobile plant, waste operations, mining waste operations, water discharge activities, groundwater activities and radioactive substances activities. It also sets out the powers, functions and duties of the regulators. There are a number of other previous revisions and revocations between 2007 and 2012.
  
• EU Directive End-of Life Vehicles 2000/53/EC (Environment Agency)
  Requires end-of-life vehicles and their components to be recycled or reused. Sets out design requirements for materials and components. Outlines measures for collection systems and treating and storing waste vehicles at authorised treatment facilities. 
  
• The End of Life Vehicle (Amendment) Regulations 2010 SI 1094 (Environment Agency)
  Amends 2003/2635 by changing the basis on which exemptions from the restrictions on use of heavy metals in vehicle components are identified. Also provides powers of entry and inspection for the enforcement authorities.  
  
• The Revised EU Animal By-Product (ABP) Regulations, EU Control Regulation No 1069/2009 and the EU Implementing Regulation 142/2011 (Environment Agency and Local Authority)
  These EU Regulations update the current rules.  
  
• The Animal By-Products (Enforcement) (England) Regulations 2011 SI 881 (Animal Health and Veterinary Laboratory Agency (AHVLA) 
  Implements health rules as regards animal by-products and derived products not intended for human consumption.
  
• EU Regulation 761/2001 allowing voluntary participation by organisations in a community eco-management and audit scheme (EMAS)
  EU Regulation 761/2001 allowing voluntary participation by organisations in a community eco-management and audit scheme 
  EMAS is a voluntary environmental management system scheme to evaluate and improve businesses environmental performance. 
  
• EU Mining Waste Directive 2006/21/EC
  Covers the management of waste from extractive industries, implemented in the UK through the Environmental Permitting Regulations 2009.