Defra lays revised Controlled Waste regulations

The Controlled Waste (England and Wales) Regulations 2012 were laid before Parliament on Thursday 15 March, and will come into force on 6 April 2012. These regulations will enable local authorities to charge for the disposal of waste from a wider range of non-domestic premises than before. 

Up to now, as a result of provisions within the Environmental Protection Act 1990, waste disposal authorities are only able to charge for collection of waste from certain non-domestic premises (listed in Schedule 2).

This change responds to ongoing lobbying from LGA and others for an amendment that recognises that disposal costs have risen in recent years and the charge to these premises has not reflected the full costs which has in effect been increasingly subsidised by local taxpayers.

In summary, the changes allow waste disposal authorities to charge for disposal from premises that were previously only able to be charged for collection of waste that include the following:

  • Camp sites
  • Self-catering accommodation
  • Royal palaces
  • Charities (on waste that originated from non-domestic property – not charity shops)
  • Education establishments – universities, schools or other educational establishment – for publicly-funded schools and FE colleges, only if not already in receipt of free disposal
  • Hospitals or nursing homes (not including those providing residential accommodation)
  • Penal institutions.

Small businesses currently benefitting from free waste disposal and eligible for Small Business Rate Relief will be exempt from waste disposal charges.

Defra will review these regulations including the exceptions at the end of the comprehensive review period in 2014/15.

Schedule 1 for the full list of what can now be charged for disposal

Further details can be found on the Defra website.

9 October 2013

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