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The Waste (England and Wales) Regulations 2011

We reported in our last legal update about the impending Waste (England and Wales) Regulations 2011. The regulations have now been passed and came into force on the 29th March 2011.

In summary, the regulations implement the revised Waste Framework Directive and;

  • require businesses to confirm that they have applied the waste management hierarchy when transferring waste and to include a declaration on their waste transfer note or consignment note;
  • introduce a two-tier system for waste carrier and broker registration, which includes those who carry their own waste, and introduces a new concept of a waste dealer;
  • make amendments to hazardous waste controls and definition;
  • exclude some categories of waste from waste controls, notably animal by-products whilst include a small number of radioactive waste materials.

A copy of the regulations is available from: http://www.legislation.gov.uk/ukdsi/2011/9780111506462/contents.

A briefing note on the new regulations is available from the Environment Agency: http://www.environment-agency.gov.uk/static/documents/Research/waste_producers_brief.pdf.

Similar requires were implemented in Scotland on the 27th March 2011 in The Waste (Scotland) Regulations 2011. A copy of the regulations is available from: http://www.legislation.gov.uk/sdsi/2011/9780111012185/note.