Statutory Instruments
2006 No. 937
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Waste Management (England and Wales) Regulations 2006
Made
28th March 2006
Laid before Parliament
30th March 2006
Coming into force
15th May 2006
The Secretary of State has been 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 and in relation to measures relating to the prevention, reduction and elimination of pollution of water.
She makes the following Regulations in exercise of the powers conferred upon her by that section and by section 1(3)(a) of the Control of Pollution (Amendment) Act 1989( 3 ) and sections 33(3), 75(8) and 156 of the Environmental Protection Act 1990( 4 ) (having in particular had regard in exercising her powers under section 33(3) of that Act to the matters specified in section 33(4) of that Act):
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Waste Management (England and Wales) Regulations 2006.
(2) These Regulations come into force on 15th May 2006.
(3) These Regulations extend to England and Wales only.
Amendment of the Environmental Protection Act 1990
2. —(1)The Environmental Protection Act 1990 is amended as follows.
(2) In section 33 (prohibition on unauthorised or harmful depositing, treatment or disposal etc. of waste)—
(a) for subsection (2), substitute—
“ (2) Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.
(2A) Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking. ” ;
(b) at the beginning of subsection (8)( 5 ), insert “Subject to subsection (9) below,”;
(c) after subsection (8), insert—
“ (9) A person (other than an establishment or undertaking) who commits a relevant offence shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to a fine.
(10) In this section, “relevant offence” means an offence under this section in respect of a contravention of subsection (1)(c) above consisting of the treatment, keeping or disposal within the curtillage of a domestic property of household waste from that property. ” .
(3) In section 33B( 6 ) (section 33 offences: clean-up costs)—
(a) at the beginning of subsection (5), insert “Subject to subsection (6) below,”;
(b) after subsection (5), insert—
“ (6) Subsection (5) above does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above. ” .
(4) In section 33C( 7 ) (section 33 offences: forfeiture of vehicles)—
(a) at the beginning of subsection (1), insert “Subject to subsection (1A) below,”;
(b) after subsection (1), insert—
“ (1A) This section does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above. ” .
(5) Sections 63(1) and 63(4) (waste other than controlled waste) are repealed.
(6) In section 75( 8 ) (meaning of “waste” and household, commercial and industrial wasteand hazardous waste)—
(a) at the end of subsection (6)(c), omit “or”;
(b) at the end of subsection (6)(d), add—
“ ; or
(e) any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947 ( 9 ) ” ;
(c) at the end of subsection (7)(b), add “and”;
(d) subsection (7)(c) is repealed;
(e) in subsection (8), omit “but no regulations shall be made in respect of such waste as is mentioned in subsection (7)(c) above”;
(f) at the end of subsection (12)(a), omit “and”; and
(g) at the end of subsection (12)(b), add—
“ ;
(c) the decision of the European Commission, dated 24th May 1996 ( 10 ) , adapting Annexes IIA and IIB to directive 75/442/ EEC on waste ( 11 ) ; and
(d) EC Regulation No. 1882/2003 of the European Parliament and the Council dated 29th September 2003 ( 12 ) ” .
Amendment of the Environment Act 1995
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Controlled Waste Regulations 1992
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Waste Management Licensing Regulations 1994
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Waste Management Regulations 1996
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Groundwater Regulations 1998
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Landfill (England and Wales) Regulations 2002
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Hazardous Waste (England and Wales) Regulations 2005
10. —(1)The Hazardous Waste (England and Wales) Regulations 2005( 13 ) are amended as follows.
(2) In regulation 16 (agricultural waste) for “1st September 2006”, substitute “15th May 2007”.
(3) In regulation 17 (mines and quarries waste) for “1st September 2006”, substitute “15th May 2007”.
Amendment of the Hazardous Waste (Wales) Regulations 2005
11. —(1)The Hazardous Waste (Wales) Regulations 2005( 14 ) are amended as follows.
(2) In regulation 16 (agricultural waste)—
(a) in the English text, for “1 September 2006”, substitute “15 May 2007”; and
(b) in the Welsh text, for “1 Medi 2006”, substitute “15 Mai 2007”.
(3) In regulation 17 (mines and quarries waste)—
(a) in the English text, for “1 September 2006”, substitute “15 May 2007”; and
(b) in the Welsh text, for “1 Medi 2006”, substitute “15 Mai 2007”.
Amendment of the Waste Management Licensing (England and Wales) (Amendment and Related Provisions) (No. 3) Regulations 2005
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provisions
13. —(1)Section 33(1)(a) and (b) of the Environmental Protection Act 1990 shall not apply to the deposit, disposal or recovery of mines or quarries waste or agricultural waste by any person at any premises if he had carried on the activity in question at those premises before 15th May 2006.
(2) Subject to paragraph (3) below, the exemption conferred by paragraph (1) above, in relation to an activity carried on by a person at any premises, shall after 15th May 2007 cease to have effect in relation to the carrying on of that activity at those premises unless on or before that date he applies for a waste management licence in relation to the activity in question.
(3) Where a person makes such an application as is mentioned in paragraph (2) above, the exemption conferred by paragraph (1) above shall continue to have effect in relation to the activity in question until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until the date on which—
(a) the period for appealing expires without an appeal having being made; or
(b) any appeal is withdrawn or finally determined.
(4) In this regulation—
“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947; and
“mines or quarries waste” means waste from a mine or quarry.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Subsection (8) of section 33 was substituted by section 41 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) .
Section 33B was inserted by section 43 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) . Section 43 was commenced by S.I. 2005/2896 (c.122).
Section 33C was inserted by section 44 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) . Section 44 was commenced by S.I. 2005/2896 (c.122).
Section 75 was amended by paragraph 88 of Schedule 22 to the Environment Act 1995 (c. 25) .
1947 c. 48 (see section 109(3)).
O.J. No. L135, 6.6.1996, p. 32.
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).
Regulation (EC) No. 1882/2003 (O.J. No. L284, 31.10.2003, p. 1).
S.I. 2005/894 .
S.I. 2005/1806 (W.138) .
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)).
O.J. No. L182, 16.7.1999, p.1 (as amended by Regulation (EC) No. 1882/2003 (O.J. No. L284, 31.10.2003, p. 1)).