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The Controlled Waste (England and Wales) Regulations 2012

The Controlled Waste (England and Wales) Regulations 2012 were laid before Parliament and the National Assembly for Wales on 15 March 2012.

They came into force on 6 April 2012. They revoke and replace the Controlled Waste Regulations 1992.

The Regulations classify waste as household, industrial or commercial waste. They enable local authorities in Wales to charge for the collection and disposal of waste from non-domestic properties. There are some exemptions including:

  • charity shops selling donated goods and  “re-use” organisations as the waste has come from homes 
  • village halls and premises used for public meetings.

The Regulations enable litter collected on educational premises to be charged for as well as other non-hazardous waste generated on the site.  

The Regulations consolidate previous amendments, and include some amended and updated definitions and classifications to improve the clarity of the Regulations and bring them into line with other recent legislation.

Controlled Waste (England and Wales) Regulations 2012 (external link)

Review of the Controlled Waste (England and Wales) Regulations 1992

Schedule 2 of the Controlled Waste (England and Wales) Regulations 1992 gave local authorities powers to charge for the collection of certain types of household waste. ‘Household waste’ is defined in the Environmental Protection Act 1990, and includes waste from some non-domestic sources, such as schools, hospitals and camp-sites.

The Regulations created a problem for local authorities and the private waste management sector, because there was no way for local authorities to charge disposal costs. The costs of disposing of waste had risen substantially since the Regulations were introduced and continued to do so. So the waste collection market became increasingly distorted, and large numbers of the non-domestic “Schedule 2” premises used local authority waste services to take advantage of taxpayer-funded waste disposal.  

All local authorities were invited to participate in a research study into the scale of the issue. See the final report of this study:

Understanding current management arrangements for Schedule 2 Waste (external link, pdf)

Our public consultation on the review of the Controlled Waste Regulations 1992 finished on 14 January 2011.

More information is available on: Department for Environment, Food and Rural Affairs (Defra) (external link)