Press release

Controlled Waste Regulations consultation published

A consultation on proposals to replace or amend the Controlled Waste Regulations (1992) relating to certain non-domestic properties.

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

This consultation was today launched by Defra and the Welsh Assembly Government.

Defra and the Welsh Assembly Government have been working with relevant stakeholders for over two years and have found that the Regulations are causing many problems for local authorities and their customers because they are difficult to interpret and use out of date terminology. It was also felt that the Regulations distort the market by preventing local authorities from making a charge where they feel necessary for the disposal of waste from certain non-domestic properties.

Any changes would affect all premises listed in Schedule 2 of the Controlled Waste Regulations, these include: self catering holiday accommodation/caravan parks; hospitals; schools/colleges; prisons; and care homes.

Environment Minister, Lord Henley said:

“Under the current Regulations local authorities effectively subsidise waste management costs of these Schedule 2 premises by paying the disposal costs from their own budgets.

“The proposals in the consultation would enable local authorities to make a charge for collection and disposal services from the types of premises listed in Schedule 2 of the current Regulations if they chose to do so. The proposals would create a level playing field for local authorities, businesses and their customers and would mean that councils would no longer have to subsidise services provided to certain premises.

“We are very grateful to all the local authorities, private waste contractors and managers of premises listed in Schedule 2 of the Controlled Waste Regulations who have been involved in the long-running review of this legislation, and I would encourage everyone affected to come forward and be involved in this consultation.”

Welsh Assembly Government Environment Minister Jane Davidson said:

“My ambition is for Wales to recycle 70 per cent of its waste by 2025. If we are to achieve this, however, we must ensure that we have the appropriate waste infrastructure, services and legislation in place.

“The outcome of this joint consultation will have an impact on organisations throughout Wales. That’s why I urge all those who may be affected to take part in the consultation and make their views known.”

The consultation, which closes on 14 January 2011, sets out two possible options for further action on these Regulations: to either issue guidance on the existing regulations or to introduce new regulations. The preferred option for the Government is an introduction of new regulations which would provide a long-term solution to the issues identified by the review.

New regulations which are clearer and consistent with other waste legislation would reduce the administration burden on local authorities. They would also give more control of waste disposal choices to Schedule 2 institutions as these premises would be able to decide if they were to continue using the local authority at a charge or to seek a more tailored service from a private waste collection company, as many do already.


  1. The consultation document can be viewed on the following link:
  2. For a full list of Schedule 2 institutions see following link:
  3. The research on the current management arrangements for Schedule 2 Waste can be seen at:
Published 8 November 2010