Waste Management (England and Wales) Regulations 2006

Applies to EnglandApplies to Wales

Title: Waste Management (England and Wales) Regulations 2006

Category: England and Wales Regulation

Date: 2006

Reference: SI 2006/937 [Full text]

General Description:

In order to bring UK regulations in line with that prescribed by the EU Waste Framework Directive (Council Directive 75/442/EEC) the Waste Management (England and Wales) Regulations 2006 (known as the Agricultural Waste Regulations) will apply to agricultural waste on 15 May 2006.

Farmers will have 5 basic options for dealing with their waste, which can be used on their own or in combination:

  • Store their waste on-farm for up to 12 months.
  • Take their waste for recycling or disposal off-farm at a licensed site.
  • Get an authorised waste contractor to take their waste away.
  • Register license exemptions with the Environment Agency to recycle or dispose of their waste on-farm. Farmers can register at any stage during the first 12 months of the Regulations.
  • Apply to the Environment Agency for a waste management license or a landfill permit to recycle or dispose of their waste on-farm. For most farmers obtaining a landfill permit for their farm dump will not be a viable option because of the engineering requirements and costs involved.

There are transitional arrangements for most other recycling and disposal activities on-farm.  Farmers will have 12 months to register licence exemptions with the Environment Agency or to apply to them for a licence.  A wide range of licence exemptions will be available to farmers – all of them free of charge for agricultural waste. The Environment Agency is producing an “Exemptions Pack” to help farmers register their exemptions. Farmers can register exemptions online (England only), by phoning the Environment Agency on 0845 603 3113 or in writing.

See Also:
Details:

Regulation 2 amends sections 33, 33B, 33C, 63 and 75 of the Environment Act 1990 (“the 1990 Act”).

The amendments to section 33 mean that, in relation to household waste, establishments and undertakings must comply with all the requirements of section 33(1) of the 1990 Act, but that persons who are not establishments or undertakings must only comply with the requirements of section 33(1)(c).

Section 33B of the 1990 Act is amended so that a person who is not an establishment or undertaking and who commits a relevant offence shall not be ordered by a magistrates’ court to pay more than £5000 in clean-up costs (regulation 2(3)). Section 33C of the 1990 Act is disapplied where a person who is not an establishment or undertaking is convicted of a relevant offence (regulation 2(4)). “Relevant offence” for these purposes is defined in section 33(10) of the 1990 Act (regulation 2(2)(c)).

Regulation 3 amends the Environment Act 1995 so that, in respect of agricultural waste, no charges may be imposed under a charging scheme in relation to a relevant environmental licence.

Regulation 4 amends the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 so that the registration requirements of the Control of Pollution (Amendment) Act 1989 do not apply to those who only transport animal by-products waste, mines or quarries waste, or agricultural waste on a professional basis. Instead the registration requirements of paragraph 12 of Schedule 4 to the Waste Management Licensing Regulations 1994 (“the 1994 Regulations”) will apply in these circumstances (see regulation 6(10)(d)).

Regulation 5 amends the Controlled Waste Regulations 1992. The amendment in regulation 5(4) provides that section 34 of the 1990 Act (duty of care etc. as respects waste) does not apply to waste which comprises animal by-products collected and transported in accordance with the Community Regulation (as defined in Regulation 5(4)). The amendment in regulation 5(5) provides that any Directive waste is to be classified as industrial waste if it is not otherwise classified as household or commercial waste.

Regulation 6 amends the 1994 Regulations in a number of respects. These include: (a) inserting a new regulation 18A which sets out certain record-keeping requirements in relation to activities which are exempt from waste management licensing (regulation 6(6)); and (b) inserting new paragraphs into Schedule 3 of the 1994 Regulations to provide for exemptions from waste management licensing for activities involving— the recovery of animal by-products (regulation 6(9)(b)), the treatment of land with liquid milk (regulation 6(9)(e)), and the deposit of plant tissue (regulation 6(9)(e)).

Regulation 13 contains transitional provisions which apply to the deposit, disposal or recovery of agricultural waste, or mines or quarries waste, for a period of 12 months after the Regulations come into force.

See also:

Pertinence to Agriculture: Waste, Waste Management

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