2012 No. 811 ENVIRONMENTAL PROTECTION ... - Legislation.gov.uk

1 STATUTORY INSTRUMENTS 2012 No. 811 ENVIRONMENTAL PROTECTION , ENGLAND AND WALES The Controlled Waste (England and Wales) regulations 2012 Made - - - - 12th March 2012 Laid before Parliament 15th March 2012 Laid before the National Assembly for Wales 15th March 2012 Coming into force - - 6th April 2012 The Secretary of State is designated(a) for the purposes of the European Communities Act 1972(b) in relation to the environment. The Welsh Ministers are designated(c) for the purposes of that Act in relation to the prevention, reduction and management of waste. The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 45(3), 75(7)(d) and (8) and 96(2)(b) of the ENVIRONMENTAL PROTECTION Act 1990(d), make the following regulations .

2 Citation, extent and commencement 1. (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. Interpretation 2. In these regulations the Act means the ENVIRONMENTAL PROTECTION Act 1990; Directive waste means anything that (a) is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives(e); and (a) 2008/301. (b) 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.)

3 7). (c) 2010/1552. (d) 1990 c. 43. Functions of the Secretary of State under sections 45, 75 and 96, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, 1999/672. Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). (e) OJ No L 312, , p3. 2(b) is not excluded from the scope of that Directive by Article 2(1), (2) or (3); septic tank sludge and sludge have the meaning given in regulation 2(1) of the Sludge (Use in Agriculture) regulations 1989(a). Waste which is not to be treated as household waste, industrial waste or commercial waste 3. (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.

4 (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.

5 (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)(b). Household, industrial and commercial waste 4. Subject to regulation 3, Schedule 1 (household, industrial and commercial waste) has effect. Litter and refuse 5. 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(c).

6 Amendments to other legislation 6. Schedule 2 (amendments to other legislation ) has effect. Revocation 7. The following regulations are revoked in England and Wales (a) the Waste Management Licensing (Amendment etc.) regulations 1995(d); (a) 1989/1263, to which there are amendments not relevant to these instruments. (b) OJ No L 300, , p1, amended by Directive 2010/63/EU of the European Parliament and of the Council (OJ No L 276, , p33). (c) A relevant amendment to section 92 was made by the Anti-social Behaviour Act 2003 (c. 38), section 56(1 ). Section 92C was inserted by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 20(2). (d) 1995/288, amended by 2007/3538.

7 3(b) the Controlled Waste regulations 1992(a). Taylor of Holbeach Parliamentary Under Secretary of State 12th March 2012 Department for Environment, Food and Rural Affairs John Griffiths Minister for Environment and Sustainable Development 12th March 2012 One of the Welsh Ministers SCHEDULE 1 Regulation 4 Household, industrial and commercial waste Interpretation 1. 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.

8 Clinical waste means waste from a healthcare activity (including veterinary healthcare) that (a) contains viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living organisms, (b) contains or is contaminated with a medicine that contains a biologically active pharmaceutical agent, or (c) 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 Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(b), 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(c); construction includes improvement, repair or alteration; factory has the meaning given in section 175 of the Factories Act 1961(d); 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(e); gypsies and travellers (a) 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(f).

9 (a) 1992/588, amended by 1994/1056, 1995/288, 2005/22, 2900, 2006/937 and 2007/3538. (b) OJ No 196, , P 1 (OJ/SE: Series I, Chapter 1967, P 234), last amended by Directive 2009/2/EC (OJ No L 11, , p6). (c) 1988 c. 41. (d) 1961 c. 34. Section 175(2) was amended by 1983/978, regulation 3(1) and Schedule 1. (e) 1983 c. 54. Section 34C was inserted by 2010/234, article 4 and Schedule 1, paragraph 10. (f) 2006/3190. 4(b) 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(a); hazardous waste (a) in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) regulations 2005(b); (b) in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) regulations 2005(c); not for profit body means a body which, by virtue of its constitution or any enactment (a) is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes.

10 And (b) 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 (a) is not clinical waste, (b) contains body fluids, secretions or excretions, and (c) falls within code 18 01 04, 18 02 03 or 20 01 99 in Schedule 1 to (i) the List of Wastes (England) regulations 2005(d), in relation to England, or (ii) the List of Wastes (Wales) regulations 2005(e), in relation to Wales; 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(f); scientific research association has the meaning given in section 469 of the Corporation Tax Act 2010(g); scrap metal has the meaning given in section 9(2) of the Scrap Metal Dealers Act 1964(h); vessel includes a hovercraft within the meaning of section 4(1) of the Hovercraft Act 1968(i); waste oil means any mineral or synthetic lubrication or industrial oil which is unfit for its original purpose.