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Updated Dec 5, 2023

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Waste disposal changes in Wales

The Welsh Ministers have published legislation that will create new requirements relating to waste separation for collection and the ultimate disposal of certain types of waste steams.

There are two separate key pieces of legislation on these matters. Both will come into force on 6 April 2024, leaving companies four months to prepare for the changes.

We've outlined each new document below and what this means for those affected.

Waste separation

The Waste Separation Requirements (Wales) Regulations SI 2023/1290, set out waste separation requirements that apply to all commercial premises across Wales. They do not apply domestic properties and caravans.

These regulations require certain recycling waste streams to be presented separately for collection from other waste streams (including recyclable), and further requires that those streams must not then be mixed on collection.

This means that the following recylable waste streams must be collected separately from a premises:

  • glass;
  • cartons and similar, metal and plastic;
  • paper and card;
  • food waste;
  • unsold small waste electrical and electronic equipment;
  • unsold textiles.

The Full Text of Schedule 1 to the Regulations states each of the waste sub-fractions that comprise each of these recyclable waste streams.

Food waste in its original packaging can be presented within the food waste recyclable waste stream as long as it is not reasonably practicable to separate the food waste from its original packaging and the waste will be taken to and processed at a facility for preparation for re-use or recycling.

Where controlled waste has been separately collected, a business which receives, keeps, treats or transports the waste must not mix the waste with any other recyclable waste stream or with any other waste, substances or articles.

The separation requirements do not apply to:

  • those occupying hospitals, but only until 6 April 2026;
  • controlled waste collected by a local authority from highways in connection with their duty to ensure the land is kept clear of litter and refuse;
  • controlled waste collected by a principal litter authority in connection with their duty to ensure land is kept clear of litter and refuse.

Prohibition on incineration of landfill of specified waste

The Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations SI 2023/1289, make amendments to the Environmental Permitting (England and Wales) Regulations SI 2016/1154, to expand the types of specified waste that are prohibited from being incinerated or sent to landfill.

The amendments add any waste:

  • card;
  • cartons;
  • food;
  • small electrical and electronic equipment; and 
  • unsold textiles,

to the list of specified waste streams where it is prohibited to incinerate them or disposed of them in landfill if that waste has been separately collected for the purpose of preparing for re-use or recycling.

Failure to comply with these new provisions will be deemed to be a breach of a dutyholders environmental permit for their incineration plant or landfill, and offences will face appropriate civil sanctions as specified in the Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations SI 2023/1289.

For more information, see the:

  • Waste Separation Requirements (Wales) Regulations SI 2023/1290;
  • Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations SI 2023/1289.

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