The Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026
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Change 1
20 Schedule 3 (exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions)
In Schedule 3 (exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions), after Part 5 insert— PART6 Exempt waste controlling or transporting activities: description and conditions 1. In this Part— “the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989; “the 2025 Regulations” means the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025; “agricultural unit” has the meaning given in regulation 2(1) of the 1989 Regulations; “applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply” means a waste operation referred to in paragraphs 3 or 4 of Part 5 of this Schedule; “appropriately authorised facility”, in relation to particular waste, means— a permitted waste operation; an exempt waste operation; or an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply, to which the waste can be taken in compliance with the conditions of the permit, exemption or waste operation; “dedicated site” has the meaning given in regulation 2(1) of the 1989 Regulations; “deposit scheme” has the meaning given in paragraph 1(2) of Schedule 8 to the Environment Act 2021; “operator” has the meaning given in paragraph 1(1) of Schedule 2; “permitted waste operation” means a site that has an environmental permit for a waste operation; “returnable item” has the meaning given in regulation 9(5) of the 2025 Regulations; “secure storage exempt waste operation” means an exempt waste operation that falls within paragraph 1 (storage of waste in secure containers) or 2 (storage of waste in a secure place) of section 2 of Chapter 5 of Part 1 of this Schedule “sludge storage waste operation” means an exempt waste operation that falls within paragraph 3 (storage of sludge) of section 2 of Chapter 5 of Part 1 of this Schedule; “waste management plan” has the meaning given in paragraph 2(1) of Schedule 20. 2. This Part applies to the following descriptions of waste controlling or transporting activity— (a) the control or transport of waste produced in the course of the operator’s own business; (b) the control or transport of waste by a charity registered with the Charity Commission or His Majesty’s Revenue and Customs; (c) the control or transport of extractive waste; (d) the control or transport of animal by-products; (e) the control or transport of returnable items as part of a deposit scheme established by the 2025 Regulations insofar as it relates to regulation 43, 49 or 66 of the 2025 Regulations; (f) the control or transport of waste illegally deposited on land the operator owns or occupies; (g) the control or transport of sludge or septic tank sludge which is supplied or used in accordance with the 1989 Regulations. 3. The conditions in relation to a waste controlling or transporting activity described in paragraph 2(a) are that— (a) the waste is not produced by a waste operation; (b) the waste is— (i) non-hazardous, or (ii) hazardous, and is— (aa) WEEE or batteries (with the codes for each specified in the first column (codes) of the table in paragraph 2(2) of section 2 of Chapter 5 in Part 1 of this Schedule), transported in a waterproof container or under a waterproof cover; (bb) agricultural waste; or (cc) produced by a person providing medical treatment to a patient, such as a doctor, nurse or care worker; (c) waste of the kind specified in sub-paragraph (b)(i) is taken to an appropriately authorised facility; (d) waste of the kind specified in sub-paragraph (b)(ii) is taken to a secure storage exempt waste operation or to an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply, to which the waste can be taken in compliance with the conditions of that exemption or waste operation. 4. The conditions in relation to a waste controlling or transporting activity described in paragraph 2(b) are that— (a) the charity is operating a free to use service; (b) the business of the charity is not a waste operation; (c) the waste is produced by the charity or is collected and transported by the charity after being disposed of by its owner; (d) the waste is collected and transported by the charity directly to an appropriately authorised facility. 5. The condition in relation to a waste controlling or transporting activity described in paragraph 2(c) is that the waste is taken to a destination identified in the waste management plan in place for the waste. 6. The conditions in relation to a waste controlling or transporting activity described in paragraph 2(d) are that— (a) the requirements of the Animal By-Products Regulation are met; (b) the waste is taken to an appropriately authorised facility. 7. The condition in relation to a waste controlling or transporting activity described in paragraph 2(e) is that the waste consists only of returnable items. 8. The conditions in relation to a waste controlling or transporting activity described in paragraph 2(f) are that— (a) the waste is transported— (i) by the owner or occupier of the land, or (ii) on instruction from the owner or occupier of the land, by an employee or tenant of that owner or occupier, and the employee or tenant is not an operator of a waste operation; (b) the land is privately owned land; (c) the deposit of the waste is— (i) without the consent of the owner or occupier of the land; and (ii) not knowingly caused or knowingly permitted by the owner or occupier of the land; (d) the waste is reported to the Agency before the waste controlling or transporting activity commences; (e) the waste is taken to a permitted waste operation to which the waste can be taken in compliance with the conditions of the permit; (f) the waste does not contain or consist of asbestos or liquid. 9. For the avoidance of doubt, the waste controlled or transported in a waste controlling or transporting activity described in paragraph (2)(f) may include waste produced during construction (including repair or alteration) or demolition. 10. The condition in relation to a waste controlling or transporting activity described in paragraph 2(g) is that the waste is taken to one or more of— (a) a sludge storage waste operation; (b) an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply; (c) an agricultural unit; or (d) a dedicated site, to which the waste can be taken in compliance with the conditions of that exemption or waste operation. .
20 Schedule 3 (exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions)
In Schedule 3 (exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions), after Part 5 insert— PART6 Exempt waste controlling or transporting activities: description and conditions 1. In this Part— “the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989; “the 2025 Regulations” means the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025; “agricultural unit” has the meaning given in regulation 2(1) of the 1989 Regulations; “applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply” means a waste operation referred to in paragraphs 3 or 4 of Part 5 of this Schedule; “appropriately authorised facility”, in relation to particular waste, means— a permitted waste operation; an exempt waste operation; or an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply, to which the waste can be taken in compliance with the conditions of the permit, exemption or waste operation; “dedicated site” has the meaning given in regulation 2(1) of the 1989 Regulations; “deposit scheme” has the meaning given in paragraph 1(2) of Schedule 8 to the Environment Act 2021; “operator” has the meaning given in paragraph 1(1) of Schedule 2; “permitted waste operation” means a site that has an environmental permit for a waste operation; “returnable item” has the meaning given in regulation 9(5) of the 2025 Regulations; “secure storage exempt waste operation” means an exempt waste operation that falls within paragraph 1 (storage of waste in secure containers) or 2 (storage of waste in a secure place) of section 2 of Chapter 5 of Part 1 of this Schedule “sludge storage waste operation” means an exempt waste operation that falls within paragraph 3 (storage of sludge) of section 2 of Chapter 5 of Part 1 of this Schedule; “waste management plan” has the meaning given in paragraph 2(1) of Schedule 20. 2. This Part applies to the following descriptions of waste controlling or transporting activity— (a) the control or transport of waste produced in the course of the operator’s own business; (b) the control or transport of waste by a charity registered with the Charity Commission or His Majesty’s Revenue and Customs; (c) the control or transport of extractive waste; (d) the control or transport of animal by-products; (e) the control or transport of returnable items as part of a deposit scheme established by the 2025 Regulations insofar as it relates to regulation 43, 49 or 66 of the 2025 Regulations; (f) the control or transport of waste illegally deposited on land the operator owns or occupies; (g) the control or transport of sludge or septic tank sludge which is supplied or used in accordance with the 1989 Regulations. 3. The conditions in relation to a waste controlling or transporting activity described in paragraph 2(a) are that— (a) the waste is not produced by a waste operation; (b) the waste is— (i) non-hazardous, or (ii) hazardous, and is— (aa) WEEE or batteries (with the codes for each specified in the first column (codes) of the table in paragraph 2(2) of section 2 of Chapter 5 in Part 1 of this Schedule), transported in a waterproof container or under a waterproof cover; (bb) agricultural waste; or (cc) produced by a person providing medical treatment to a patient, such as a doctor, nurse or care worker; (c) waste of the kind specified in sub-paragraph (b)(i) is taken to an appropriately authorised facility; (d) waste of the kind specified in sub-paragraph (b)(ii) is taken to a secure storage exempt waste operation or to an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply, to which the waste can be taken in compliance with the conditions of that exemption or waste operation. 4. The conditions in relation to a waste controlling or transporting activity described in paragraph 2(b) are that— (a) the charity is operating a free to use service; (b) the business of the charity is not a waste operation; (c) the waste is produced by the charity or is collected and transported by the charity after being disposed of by its owner; (d) the waste is collected and transported by the charity directly to an appropriately authorised facility. 5. The condition in relation to a waste controlling or transporting activity described in paragraph 2(c) is that the waste is taken to a destination identified in the waste management plan in place for the waste. 6. The conditions in relation to a waste controlling or transporting activity described in paragraph 2(d) are that— (a) the requirements of the Animal By-Products Regulation are met; (b) the waste is taken to an appropriately authorised facility. 7. The condition in relation to a waste controlling or transporting activity described in paragraph 2(e) is that the waste consists only of returnable items. 8. The conditions in relation to a waste controlling or transporting activity described in paragraph 2(f) are that— (a) the waste is transported— (i) by the owner or occupier of the land, or (ii) on instruction from the owner or occupier of the land, by an employee or tenant of that owner or occupier, and the employee or tenant is not an operator of a waste operation; (b) the land is privately owned land; (c) the deposit of the waste is— (i) without the consent of the owner or occupier of the land; and (ii) not knowingly caused or knowingly permitted by the owner or occupier of the land; (d) the waste is reported to the Agency before the waste controlling or transporting activity commences; (e) the waste is taken to a permitted waste operation to which the waste can be taken in compliance with the conditions of the permit; (f) the waste does not contain or consist of asbestos or liquid. 9. For the avoidance of doubt, the waste controlled or transported in a waste controlling or transporting activity described in paragraph (2)(f) may include waste produced during construction (including repair or alteration) or demolition. 10. The condition in relation to a waste controlling or transporting activity described in paragraph 2(g) is that the waste is taken to one or more of— (a) a sludge storage waste operation; (b) an applicable waste operation to which section 33(1)(a) of the 1990 Act does not apply; (c) an agricultural unit; or (d) a dedicated site, to which the waste can be taken in compliance with the conditions of that exemption or waste operation. .
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