The Controlled Waste (England and Wales) (Amendment) Regulations 2012

coming into force 9 October 2012

These Regulations amend, in relation to England, the Controlled Waste (England and Wales) Regulations 2012 (SI 2012/811) (‘the 2012 Regulations’). The change is made to correct an error in the implementation of policy relating to the exemption of certain small businesses from any new liability to pay charges for the disposal of waste under section 45(4) of the Environmental Protection Act 1990 (c. 43) (‘the EPA 1990’) arising as a result of the 2012 Regulations.

Regulation 4 of the 2012 Regulations provides for the classification of certain waste as household, commercial or industrial waste. Paragraph 4(3) provides that certain categories of household waste are to be treated as commercial waste for the purposes of liability to pay charges relating to the disposal of waste under section 45(4) of the EPA 1990.

To ensure the correct implementation of policy, these Regulations amend the 2012 Regulations to provide that nothing in regulation 4 has the effect of making a person liable to pay a disposal charge under section 45(4) of the EPA 1990 if two conditions are met.