The Separation of Waste (England) Regulations 2025
The Separation of Waste (England) Regulations 2025, effective March 31, 2025, establish exemptions to existing regulations regarding waste separation in England and Wales.
These exemptions permit the combined collection of certain recyclable waste streams (metal, glass, plastic) by English waste collection authorities.
Additionally, the regulations exempt micro-firms from certain waste collection requirements until March 31, 2027.
The regulations were drafted in accordance with the Environmental Protection Act 1990 and following consultation with relevant stakeholders.
Arguments For
Improved Recycling Rates: These regulations aim to streamline waste collection by allowing certain recyclable materials to be collected together, potentially leading to increased recycling rates and reduced landfill waste.
Reduced Administrative Burden on Businesses: The exemption for micro-firms simplifies waste management for smaller businesses, freeing them from complex regulatory requirements and reducing their operational costs.
Streamlined Waste Collection: Combining collection of specific waste streams (e.g., metal, glass, plastic) could make collection more efficient, reducing costs and improving logistical operations.
Alignment with Environmental Goals: This legislation supports wider government goals related to waste reduction and resource management by promoting recycling and easing compliance for small businesses.
Arguments Against
Potential for Contamination: Collecting certain recyclable streams together (e.g., metal, glass, plastic) might increase the risk of contamination, potentially reducing the quality of the recyclable materials.
Limited Scope of Micro-firm Exemption: The temporary nature (until 31st March 2027) and specific definition of micro-firms might exclude businesses that could benefit from a broader exemption.
Enforcement Challenges: Ensuring consistent adherence to the regulations by both waste collection authorities and businesses might prove challenging, requiring robust monitoring and enforcement mechanisms.
Unintended Consequences: The combined collection of waste streams could inadvertently affect the overall recycling process, potentially leading to unforeseen problems in the recycling facilities or material sorting processes.
- Citation, commencement and extent (1) These Regulations may be cited as the Separation of Waste (England) Regulations 2025. (2) These Regulations come into force on 31st March 2025. (3) These Regulations extend to England and Wales.
This section details the title, effective date, and geographical scope of the regulations.
The regulations are officially titled "Separation of Waste (England) Regulations 2025", they take effect on March 31, 2025, and apply to England and Wales.
- Interpretation In these Regulations, “the 1990 Act” means the Environmental Protection Act 1990.
This section defines a key term used throughout the regulations.
The abbreviation "the 1990 Act" is defined as the Environmental Protection Act 1990.
- Exemptions from the condition in sections 45A(5), 45AZA(5) and 45AZB(5) of the Act (1) The condition in section 45A(5) of the 1990 Act does not apply in respect of the collection together by an English waste collection authority of— (a) any combination of the following recyclable waste streams— (i) metal, (ii) glass, or (iii) plastic; and (b) the recyclable waste streams food waste and garden waste. (2) The condition in section 45AZA(5) of the Act does not apply in respect of the collection together of any combination of the following recyclable waste streams— (a) metal, (b) glass, or (c) plastic. (3) The condition in section 45AZB(5) of the Act does not apply in respect of the collection together of any combination of the recyclable waste streams— (a) metal, (b) glass, or (c) plastic.
This section lists exemptions to certain conditions (sections 45A(5), 45AZA(5), and 45AZB(5) of the 1990 Act) related to separate waste collection.
Specifically, it allows English waste collection authorities to collect together combinations of metal, glass, and plastic.
It also allows the combined collection of food waste and garden waste.
These exemptions relate to specific sections within the 1990 Environmental Protection Act.
- Exemption from the application of sections 45AZA and 45AZB of the Act (1) Sections 45AZA and 45AZB of the Act do not apply in relation to arrangements for the collection of waste from businesses which are micro-firms until 31st March 2027. (2) A business is a micro-firm if, at the time these Regulations come into force, its full-time equivalent employee number is less than ten. (3) For the purposes of paragraph (2), the full-time equivalent employee number of a business is calculated by adding together— (a) the total number of full-time employees of the business; and (b) for each employee of the business who is not a full time employee, a fraction which represents the sum of the total number of hours worked over the previous twelve weeks divided by the number of weeks in which that employee worked at least one hour, as a proportion of the number of contracted hours per week of a full-time employee. (4) In this regulation, “business” means any person carrying on an activity or enterprise, whether or not for profit, from— (a) relevant non-domestic premises under section 45AZA(11) of the Act; or (b) premises producing relevant waste to which section 45AZB of the Act applies.
This section provides an exemption from sections 45AZA and 45AZB of the 1990 Act for micro-firms until March 31, 2027.
A micro-firm is defined as a business with fewer than ten full-time equivalent employees.
The calculation of full-time equivalent employees is also specified.
The definition of "business" is explicitly stated to clarify the scope of the exemption.
Explanatory Note (This note is not part of the Regulations) These Regulations set exemptions from the condition set out in sections 45A(5), 45AZA(5) and 45AZB(5) of the Environmental Protection Act 1990 (c. 43) (“the Act”) such that any combination of the recyclable waste streams metal, glass and plastic can be collected together. They also make provision in respect of recyclable household waste, so that the recyclable waste streams food waste and garden waste can be collected together. These conditions require recyclable household waste and recyclable relevant waste in each recyclable waste stream to be collected separately, except so far as provided by sections 45A(6), 45AZA(6) and 45AZB(6) of the Act. These Regulations also set an exemption from the application of sections 45AZA and 45AZB in respect of businesses which are micro-firms until 31st March 2027. A micro-firm is a business which has a full-time equivalent number of employees of less than ten. “Business” is defined for these purposes as meaning any person carrying on an activity or enterprise, whether or not for profit, from relevant non-domestic premises under section 45AZA(11) of the Act or from premises producing relevant waste to which section 45AZB of the Act applies. Businesses which meet this definition will not need to comply with any requirements in section 45AZA or section 45AZB as appropriate, until 31st March 2027. A full impact assessment of the effect that this instrument will have on business, the voluntary sector and the public sector is available from the Department for Environment Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF, and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.
This explanatory note summarizes the regulations' key provisions.
It clarifies the exemptions granted for combined collection of certain recyclable waste streams (metal, glass, plastic, food waste, and garden waste) and the exemption for micro-firms from sections 45AZA and 45AZB of the 1990 Act, effective until March 31, 2027.
It also indicates where a full impact assessment can be found.