The Waste (England and Wales) Regulations 2011

The Waste (England and Wales) Regulations
Came into force on 29th March 2011
Update some aspects of waste controls
Regulations implement the revised waste Framework
Waste Regulations 2011
Require businesses to confirm they have applied the
waste management hierarchy when transferring waste
and include a declaration on the transfer
note/consignment note
New waste hierarchy permit condition
Introduce a 2 tier system for waste carrier and broker
registration which includes those who carry their own
waste (lower tier registration from December 2013)
Amendments to hazardous waste controls and
Exclude some categories of waste from waste controls
Using the Waste Management Hierarchy
Need to consider the hierarchy of waste
management options
(inc. composting)
Waste Transfer Notes
From 28th September 2011 declaration on transfer note (or
consignment note for hazardous waste) that the waste management
hierarchy has been applied.
Include 2007 Standard Industrial Classification (SIC) Codes
Environmental Permits
Require that a new condition is included in all installations
and waste operations permits to implement the hierarchy
(included in new permits and added to old ones when
If you manage hazardous waste, then you will only be
allowed to mix hazardous waste types or hazardous with
non-hazardous wastes if you have a permit condition which
allows you to do so, and you will have to comply with Best
Available Techniques (BAT).
If you operate a waste incinerator then a new permit
condition will be applied covering energy efficiency.
Changes for Waste Carriers, Brokers and
There will be 3 types of registrant:
carriers (those who actually move waste)
dealers (those who use an agent to buy and sell
waste) and
brokers (those who arrange for the
movement/disposal of waste on behalf of others).
The term ‘Dealer’ is a new term.
Upper Tier Registration
If you are a waste carrier, broker or dealer but
you are not a 'specified person' you will need
to register in the Upper Tier.
All those who are currently registered and not
professionally exempt will automatically be
transferred to the Upper Tier. This includes
those who carry their own construction and
demolition waste. The existing renewal date
will remain valid.
Lower Tier Registration
The Lower Tier are those referred to as 'specified persons' in
the Waste (England and Wales) Regulations 2011. This group
includes all those who are currently registered as
professionally exempt. In general this refers to waste
authorities, charities, voluntary organisations and those who
only manage wastes from agricultural premises, animal by
products wastes or wastes from mines or quarries.
Those that are currently registered as professionally exempt
will automatically be transferred to the Lower Tier.
From the end of December 2013 anyone who normally and
regularly carries their own business waste (excluding
construction and demolition waste) will need to register in the
Lower Tier.
There is currently no fee for Lower Tier
registration, the registration will be valid
until revoked or cancelled. There will be a
fee payable for Upper Tier registration.
Upper Tier registration will be valid for 3
years unless revoked or cancelled.
Carrier Registration Certificates
New Format
Need to check to ensure correct details are used on paperwork
Hazardous Waste Changes
The regulations will bring
in new requirements for
people who produce or
manage hazardous
waste by amending the
Hazardous Waste
(England and Wales)
Regulations 2005.
If you Produce Hazardous waste
The regulations introduce a new hazardous property H13
(sensitising) and the old 13 has now become H15 (waste
capable by any means after disposal of yielding another
substance, eg leachate, which possesses any of the H1 to H14
hazardous properties).
Anyone who produces, handles or manages hazardous waste
must take all reasonable measures to apply the waste
hierarchy when they transfer waste.
A new consignment note is available and you will need to sign
a declaration on the note to say that you have made these
considerations. You can chose to use the new consignment
notes immediately but they do not have to be used until 28
September 2011.
Changes to the Paperwork
If you are a carrier of hazardous waste and
operate a multiple collection round, you will need to
include a round number and the number of
collection sites on the consignment note.
If you are a consignee accepting hazardous
waste at your site and submitting quarterly
consignee returns to us, you will have to include
extra information. We will be modifying the
electronic and paper forms so that the new
hazardous properties and multiple round numbers
can be included. These will be ready for use on 1
October 2011.
New Hazardous Waste Consignment Notes
New notes must be used
from end of Sept 2011
Part B – Information for
Carriage of Dangerous
Order changed to comply
with CDG
Consignor’s Declaration – Application of Waste Hierarchy
Multiple Collections – Round number and Collection
Format is specified in
new HWR03 guidance
End of Waste regulations
Later this year the European
Commission (EC) will issue a
regulation specifying that scrap ferrous
and aluminium metals will cease to be
waste if they meet certain
standards. This will result in some
changes to the producer responsibility
regime for packaging. It may also lead
to permitting changes, for example for
the storage of processed ferrous
scrap, and will allow the materials
covered to be exported as non-waste.
Excluded Wastes
Some waste streams that we regulate
currently, particularly animal by-products, will
be excluded from waste controls
Most radioactive waste is controlled by
radioactive substances regulation and does
not require waste control. However, activities
involving wastes covered by three radioactive
substances exemption orders now require an
environmental permit.
Separate Waste Collections
The regulations also
require the separate
collection of waste paper,
metal, plastic and glass
from 1 January 2015
Further Information
Thank You
Tessa Bowering – Senior Environment Officer