Statutory Instruments
2005 No. 2900
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005
Made
17th October 2005
Laid before Parliament
18th October 2005
Coming into force
21st November 2005
The Secretary of State, being designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, in the exercise of the powers conferred upon her by that section, makes the following Regulations:
Citation, commencement, extent and interpretation
1. —(1) These Regulations may be cited as the Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 and come into force on 21st November 2005.
(2) These Regulations extend to England and Wales only.
(3) In these Regulations “the 1990 Act” means the Environmental Protection Act 1990 ( 3 ).
Amendment of the Environmental Protection Act 1990
2. —(1) Section 34 (duty of care etc. as respects waste) of the 1990 Act is amended as follows.
(2) After subsection 2 insert—
“ (2A) It shall be the duty of the occupier of any domestic property in England to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes. ”
(3) In subsection (3), for “purpose of subsection (1)(c)” substitute “purposes of subsections (1)(c) and (2A)”.
(4) In subsection (3A), for “subsection (1)(c)” substitute “subsections (1)(c) and (2A)”.
(5) In subsection (4), for “subsection (1)(c)” substitute “subsections (1)(c) and (2A)”.
(6) In subsection (6), after “subsection (1)” insert “or (2A)”.
Amendment of the Clean Neighbourhoods and Environment Act 2005
3. —(1) In section 46(1) of the Clean Neighbourhoods and Environment Act 2005( 4 ) (power to search and seize vehicles etc.), the new section 34B to be inserted in the 1990 Act is amended as follows.
(2) In subsections (2)(a) and (3)(a), for “an offence under section 33 or 34 above” substitute “a relevant offence”.
(3) In subsection (11), after the definition of “enforcement authority” insert—
“ “relevant offence” means—
an offence under section 33 above, or
an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section; ” .
Amendment of the Controlled Waste Regulations 1992
F1 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Waste Management Licensing Regulations 1994
5. In Schedule 3 to the Waste Management Licensing Regulations 1994( 5 ) (activities exempt from waste management licensing), in paragraph 38(e), for “section 34” substitute “section 34(1)”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
S.I. 1992/2870 .
O.J. No. L194, 25.7.1975, p. 39 (as amended by Council Directives 91/156/EEC (O.J. No. L78, 26.3.1991, p. 32), 91/692/EEC (O.J. No. L377, 31.12.1991, p. 48 (as corrected by Corrigendum, O.J. No. L146, 13.6.2003, p. 52)), Commission Decision 96/350/EC (O.J. No. L135, 6.6.1996, p. 32) and Regulation (EC) No. 1882/2003 (O.J. No. L284, 31.10.2003, p. 1)).