Waste (England and Wales) Regulations 2011

These regulations primarily transpose the Waste Framework Directive 2008/98/EC into national legislation. They also

  • Require the Secretary of State and Welsh Ministers to establish waste prevention programmes and waste management plans that apply the waste hierarchy.
  • Require businesses to apply the waste hierarchy when transferring waste
  • Introduce a system for waste carrier and broker registration
  • Amend the Hazardous Waste controls and excludes some categories of waste from waste controls.
  • Require separate collection of waste paper, metal, plastic and glass from 2015 (under the TEEP requirement)
  • Updates the offences and enforcement regimes[1][2].
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Overview

 The Waste (England and Wales) Regulations 2011 transposed the EU Waste Framework Directive into UK law. They place legal duties on businesses and public authorities to manage waste safely, promote recycling, and transition toward a circular economy by preventing environmental harm and protecting human health [2].

  • Waste Hierarchy - a legal requirement to apply the priority order of prevention, preparing for reuse, recycling, other recovery (e.g., energy recovery), and disposal before discarding any waste. Businesses must confirm on their Waste Transfer Notes that they have applied this hierarchy.
  • Separate Collection: Waste collectors and businesses are legally required to keep recyclable materials (paper, card, plastic, metal, and glass) separate from one another and from general waste to ensure high-quality recycling.
  • Duty of Care: Any entity that produces, handles, transports, or disposes of waste must ensure it is managed correctly. Waste Transfer Notes or consignment notes must be completed and retained for a minimum of two years.
  • Registration of Carriers/Brokers: The regulations introduced a two-tier system for registering waste carriers, brokers, and dealers, requiring proper licensing through the Environment Agency.
  • Hazardous Waste: Additional reporting controls and consignment note procedures are enforced for businesses handling hazardous or chemical waste

References:

  1. Legislation Guide. Waste (England and Wales) Regulations 2011
  2. The Waste (England and Wales) Regulations 2011 S. I No.988. (2011)